How to File a Motion to Stay Eviction in California

Eviction as a tenant is one of the worst things that can happen to you. There are laws in place regarding this matter and the State of California is no different. If you are unable to pay your rent on time and the landlord goes to court, you will receive a notice from the court known as an unlawful detainer.

Reply in five days or the court will order an eviction and the time for you to settle the matter in a harmonious manner will run out. You must act in order to stay your eviction in the State of California.

Instructions

  • 1

    Fill in UD 105

    UD 205 is a form known as Answer- Unlawful Detainer. You can request the motion by your landlord to be quashed if there have been mistakes or incorrect information has been provided by him or her. In the case of landlord not serving the notice to you by hand, you can get the motion quashed. In case there were factual inaccuracies, a demurrer can be issued. Remember to try and settle this issue amicably to avoid any further issues in the future.

  • 2

    Answer Clearly

    Make sure that when you fill in the form, you fill them in accurately. Also, make a clear response to the complaints made by the landlord. Make sure that you present all relevant information that is required in the form. Be sure to take your time while you fill out the form.  Answer everything honestly to avoid any unnecessary issues later.

  • 3

    Talk to a Legal Aid

    Seek aid from a lawyer about filling out the form. They can help you in avoiding inaccuracies. There will be legal aides available at the court to help you in the process.

  • 4

    Filing Fees

    There are going to be some filing fees associated with the filing of papers. There is a $160 fee for filing in the form, which can go up to $307 if the amount owed is more than $10,000. If you wish to have a jury trial, another $150 dollars will be charged. If you are not in a position of paying the court fees, you can apply for a waiver by filing out FW-001 and in case the filing is done in a superior court, use the form FW-003.

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