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How Do I Respond To An Unlawful Detainer Form: What You Should Know

Discovery In An Eviction Lawsuit A tenant must participate in discovery if the judge or jury is considering or deciding whether there is a basis for forfeiture of the premises. The discovery can be very expensive for one tenant to endure. To learn more about how discovery can affect you, contact the County Bar. If a tenant decides to go to court rather than respond to the landlord's Complaint, they must notify the tenant's prior landlord in writing that they are contesting the eviction proceedings if they are unable to do so at the hearing. Before your eviction case is decided, you are not required to tell the landlord that you are contesting the eviction. This notice is to ensure that the landlord has notice of your claim. Step 1: Get The Notice should inform you of the reason for the eviction, and the date, time, and place for the hearing, if any. Make copies of this notice for your records. Step 2: Get The Court You must go to the Court where the eviction case is before that judge to file. It is very important to make arrangements to appear in court. Otherwise, the judge may dismiss the case without allowing you to contest the eviction. You do not have to ask to be allowed to file a motion before the judge makes a decision. If the judge makes a judgment declaring you a nuisance tenant, you will be forced to pay the landlord's legal fees. This is called a judgment for the landlord. Step 3: Prepare For The Hearing This step is especially important if you are contesting an eviction case in court. At this hearing, you must convince the judge that you can show that you are responsible for the property and that you are not a danger to it. Make a written statement explaining your role in the property and the grounds for your disagreement with the landlord. A landlord cannot get a warrant that requires a tenant to move out if they do not comply with the Notice to Quit. However, the landlord could get such a warrant to evict a tenant who has a fixed term contract and does not pay their rent on time. You will be required to prove the same sort of issues. Step 4: Prepare For the Trial The judge will usually have the date for the hearing. At the hearing, it will be all about the grounds for eviction. Asking questions is generally required before the landlord begins the eviction case.

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