Summons and Complaint for Unlawful Detainer

Before you can be evicted (unless you are a sole lodger sharing the dwelling with your landlord where the landlord retains the control of the entire unit), you must get your day in court, where you can argue that the eviction is unwarranted. An eviction reaches the court stage when you receive a “Summons and Complaint for Unlawful Detainer.” This is a set of official looking court papers served to you. (You must usually get a 3-, 60-, 30-, or 120-day notice prior to getting a “Summons and Complaint for Unlawful Detainer”, but these notices are NOT the “Summons and Complaint”.)

You have the right to contest your eviction in court and to challenge your landlord’s motives and facts. You have the right to a jury trial before you are evicted. If you want to exercise these rights, you cannot ignore this “Summons and Complaint” and you must deal with it immediately if you want to continue to fight your eviction.

YOU MUST PROPERLY “ANSWER” THIS COMPLAINT IN 5 DAYS!

If you fail to file an “Answer” in five days, you will automatically lose your eviction case and be forced from your home by the sheriff within a very short time. If you file an “Answer” in time, you will get additional time in your home and the chance to fight the eviction.

To file an “Answer”, take all of your papers to:

EVICTION DEFENSE COLLABORATIVE

Beware of solicitations from individuals and paralegals offering similar services. No credible tenant organization or tenant attorney is sending such solicitations. Tenants who have used these services have found their work costly and often defective.

Updated 12/20.

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