How to File a Motion to Stay Eviction in California

How to File a Motion to Stay Eviction in California

How to File a Motion to Stay Eviction in California

Step 1

Go to the court that has been assigned to your eviction within five days of receiving your Unlawful Detainer. The address will be located on your Unlawful Detainer.

Step 2

Prepare to complete a form called Answer--Unlawful Detainer (UD-105). If your landlord has made any mistakes in filing an Unlawful Detainer against you, then you may have probable cause to file a Motion to Quash Service or a Demurrer. A Motion to Quash is when the landlord didn't serve you the Summons and Complaint (Unlawful Detainer) by hand. A Demurrer is when the landlord didn't provide accurate information at the time of filing his eviction against you.

Step 3

Prepare your answers correctly. Ensure you provided all the pertinent information on the form to protect yourself and answered your landlord's complaint.

Step 4

Talk to a lawyer or legal aid for advice. There are legal aids available to help you at the court to help you fill out the forms.

Step 5

Prepare to pay filing fees at an estimated cost of $160. If you owe more than $10,000 in rent, there can be an increase of approximately $307. If you request a jury there will be a cost of $150.