1

THE TENANT’S THE TENANT’S GUIDE TO GUIDE TO EVICTION EVICTION DEFENSE DEFENSE

2

OVERVIEWOVERVIEW

This section of the training This section of the training will give you information will give you information on defenses available to on defenses available to tenants in eviction cases tenants in eviction cases and review the law on and review the law on which the most common which the most common defenses are based.defenses are based.

3

UNLAWFUL DETAINER – SUMMARY UNLAWFUL DETAINER – SUMMARY PROCEDUREPROCEDURE

Summary procedureSummary procedure Very technicalVery technical Five day response period Five day response period No cross-complaints No cross-complaints Priority on the calendarPriority on the calendar Speedy trial settingSpeedy trial setting Short discovery periodsShort discovery periods Strict construction of rules by courtStrict construction of rules by court Public policy – avoid self-helpPublic policy – avoid self-help

4

WHAT THE LANDLORD WHAT THE LANDLORD WANTSWANTS

Possession primarily Possession primarily Rent/damages, costs, Rent/damages, costs,

attorney feesattorney fees

5

WHAT THE TENANT WHAT THE TENANT WANTSWANTS

Their day in court – due Their day in court – due processprocess

Landlord to meet strict Landlord to meet strict requirementsrequirements

Maintain possession orMaintain possession or Time to relocateTime to relocate

6

BACKGROUND ON BACKGROUND ON SIGNFICANT TENANTS’ SIGNFICANT TENANTS’

RIGHTS/DEFENSESRIGHTS/DEFENSESSignificant rights include:Significant rights include: A right to a habitable unit;A right to a habitable unit; A right to exercise the rights A right to exercise the rights

under law without retaliation by under law without retaliation by the landlord;the landlord;

A right to be free from A right to be free from discrimination in the terms and discrimination in the terms and conditions of rental.conditions of rental.

7

WARRANTY OF WARRANTY OF HABITABILITYHABITABILITY

A rental unit must be fit to A rental unit must be fit to live in.live in.

Warranty includes unit and Warranty includes unit and common areas.common areas.

8

DEFINITION OF DEFINITION OF HABITABILITYHABITABILITY

Habitable means:Habitable means: fit for occupancy by human beings;fit for occupancy by human beings; in substantial compliance with state in substantial compliance with state

and local building codes that and local building codes that materially affect the tenant’s health materially affect the tenant’s health and safety;and safety;

in compliance with provisions of the in compliance with provisions of the Civil Code and Health and Safety Civil Code and Health and Safety CodeCode..

9

RESPONSIBILITY FOR RESPONSIBILITY FOR REPAIRSREPAIRS

Landlord’s responsibilityLandlord’s responsibility Unit must be habitable when Unit must be habitable when

at the beginning of the at the beginning of the tenancy. tenancy.

Unit must be habitable Unit must be habitable during tenancy. during tenancy.

10

IMPLIED WARRANTY OF IMPLIED WARRANTY OF HABITABILITYHABITABILITY

Green v. Superior CourtGreen v. Superior Court, 10 Cal.3d 616 , 10 Cal.3d 616 (1974)(1974)

Residential leases and rental Residential leases and rental agreements include an implied agreements include an implied warranty of habitability.warranty of habitability.

Dependent covenants – obligation to Dependent covenants – obligation to pay rent and obligation to repair.pay rent and obligation to repair.

Common law – duty to repair Common law – duty to repair independent of obligation to pay rent.independent of obligation to pay rent.

11

BASIS FOR DECISIONBASIS FOR DECISION

No relationship to social and legal realities No relationship to social and legal realities of landlord/tenant relationship today;of landlord/tenant relationship today;

Contract for a place to live, not land;Contract for a place to live, not land; Scarcity of affordable housing;Scarcity of affordable housing; Lack of bargaining power;Lack of bargaining power; Inability to do major repairs or Inability to do major repairs or

inspections.inspections.

12

Uninhabitable conditionsUninhabitable conditions

Unit is considered uninhabitable if itUnit is considered uninhabitable if it

substantially lacks any of the substantially lacks any of the following:following:

Effective weatherproofing and Effective weatherproofing and weather weather protection;protection;

Plumbing in good condition;Plumbing in good condition; Hot and cold running water;Hot and cold running water; Sewage disposal system.Sewage disposal system.

13

UNINHABITABLE CONDITIONS UNINHABITABLE CONDITIONS (CONT.)(CONT.)

Gas facilities in good working order;Gas facilities in good working order; Heating facilities in good working order;Heating facilities in good working order; Electrical system including lighting, wiring Electrical system including lighting, wiring

and equipment in good working order;and equipment in good working order; Clean and sanitary buildings and grounds Clean and sanitary buildings and grounds

free from trash, debris, rubbish, garbage, free from trash, debris, rubbish, garbage, rodents and vermin;rodents and vermin;

Adequate trash receptacles in good repair.Adequate trash receptacles in good repair.

14

UNINHABITABLE CONDITIONS UNINHABITABLE CONDITIONS (CONT.)(CONT.)

Deadbolt locks on entry doors Deadbolt locks on entry doors and locks or security devices on and locks or security devices on windows;windows;

Additional requirements Health Additional requirements Health and Safety Code;and Safety Code;

Lead paint;Lead paint; Mold and mildew.Mold and mildew.

15

TENANT’S TENANT’S RESPONSIBILITYRESPONSIBILITY

Keep premises as clean and sanitary as Keep premises as clean and sanitary as conditions permit;conditions permit;

Operate gas, electrical and plumbing Operate gas, electrical and plumbing fixtures properly;fixtures properly;

Dispose of trash and garbage properly;Dispose of trash and garbage properly; No destruction of property by tenant, No destruction of property by tenant,

family or friends;family or friends; Use of the premises as a place to live Use of the premises as a place to live

and rooms for intended purposes.and rooms for intended purposes.

16

NO OBLIGATION TO NO OBLIGATION TO REPAIRREPAIR

If tenant fails to do these If tenant fails to do these things andthings and

has substantially caused an has substantially caused an unlivable condition and/or;unlivable condition and/or;

has substantially interfered has substantially interfered with the landlord’s ability to with the landlord’s ability to do repairs.do repairs.

17

TENANT REMEDIES TO TENANT REMEDIES TO GET REPAIRS DONEGET REPAIRS DONE

Must give notice - oral or written; Must give notice - oral or written; Written is preferable;Written is preferable; Must wait a reasonable time;Must wait a reasonable time; Must be a condition that affects Must be a condition that affects

health and safety;health and safety; Series of escalating remedies Series of escalating remedies

available.available.

18

•REPAIR AND DEDUCTREPAIR AND DEDUCT

Tenant gives notice;Tenant gives notice; Tenant waits a reasonable time;Tenant waits a reasonable time; Tenant pays for repairs;Tenant pays for repairs; Must be substandard condition that Must be substandard condition that

affects health and safety;affects health and safety; Can be used two times/year, one Can be used two times/year, one

month’s rent each time;month’s rent each time; Tenant is not the cause of the problem.Tenant is not the cause of the problem.

19

CONTACT CODE CONTACT CODE ENFORCEMENTENFORCEMENT

ADVANTAGESADVANTAGES Neutral partyNeutral party Professional evaluation of code Professional evaluation of code

violationsviolations Good trial evidenceGood trial evidence Powerful remedyPowerful remedy

20

CONTACT CODE CONTACT CODE ENFORCEMENT (Cont.)ENFORCEMENT (Cont.)

DISADVANTAGESDISADVANTAGES Weak and lax enforcementWeak and lax enforcement Dislocation of tenantsDislocation of tenants Retaliation and evictionRetaliation and eviction

21

RENT WITHHOLDINGRENT WITHHOLDING

Tenant can withholdTenant can withhold for conditions that seriously affect for conditions that seriously affect

health or safety;health or safety; If notice has been given and no If notice has been given and no

repairs done;repairs done; Examples of serious conditions; Examples of serious conditions; Rent into bank account.Rent into bank account. Eviction will inevitably result!Eviction will inevitably result!

22

RETALIATIONRETALIATION

No adverse action againstNo adverse action against

tenant including eviction for:tenant including eviction for: exercising certain enumerated rights orexercising certain enumerated rights or for organizing activities or for organizing activities or for peaceful exercise of rights under for peaceful exercise of rights under

law.law. Available as an affirmative defense;Available as an affirmative defense; Basis for damages.Basis for damages.

23

RETALIATION DEFENSE – RETALIATION DEFENSE – Civil Code Section Civil Code Section

1942.5(a)1942.5(a)Limited statutory defenseLimited statutory defense

Includes Includes complaints to owner or agent, complaints to owner or agent,

governmental agencygovernmental agency code enforcement citationcode enforcement citation lawsuit regarding substandard lawsuit regarding substandard

conditionsconditions

24

RETALIATION (CONT.)RETALIATION (CONT.)

Civil Code Section 1942.5 (a)Civil Code Section 1942.5 (a)

180 days protection from latest 180 days protection from latest of series of acts of retaliation;of series of acts of retaliation;

requires tenant to be current requires tenant to be current in rent.in rent.

Burden of proof.Burden of proof.

25

RETALIATION (CONT.)RETALIATION (CONT.)

Civil Code Section 1942.5 (c)Civil Code Section 1942.5 (c) Broader protectionBroader protection Includes tenant organizing, Includes tenant organizing,

rent strikesrent strikes Peaceful exercise of rightsPeaceful exercise of rights Burden of proof.Burden of proof.

26

COMMON LAW COMMON LAW DEFENSEDEFENSE

Barela v. Superior Court,Barela v. Superior Court, 30 30 Cal.3d 244 (1981)Cal.3d 244 (1981)

Significance of decisionSignificance of decision

27

RETALIATION (CONT.) RETALIATION (CONT.)

Requires careful interview of Requires careful interview of client on events prior to client on events prior to service of notice.service of notice.

Reason based on retaliation Reason based on retaliation won’t be stated by owner or won’t be stated by owner or agent.agent.

28

DISCRIMINATIONDISCRIMINATION

Available as a defense if reason for Available as a defense if reason for eviction is discriminatory intent or eviction is discriminatory intent or effect.effect.

Illegal to discriminate under federal Illegal to discriminate under federal and state law based on specific and state law based on specific classification or protected groups.classification or protected groups.

Federal law – race, color, religion, Federal law – race, color, religion, sex, national origin, familial status, sex, national origin, familial status, disability.disability.

29

DISCRIMINATION DISCRIMINATION (CONT.)(CONT.)

State law – federal law categories State law – federal law categories and additional classifications and additional classifications including marital status, ancestry, including marital status, ancestry, source of income, sexual source of income, sexual orientation, arbitrary orientation, arbitrary discriminationdiscrimination

Both federal and state laws require Both federal and state laws require reasonable accommodation.reasonable accommodation.

30

THE DISCRIMINATION THE DISCRIMINATION DEFENSEDEFENSE

Must belong to protected Must belong to protected group.group.

Eviction must be based on Eviction must be based on membership in protected membership in protected group.group.

31

DISCRIMINATION DISCRIMINATION (CONT.)(CONT.)

Prove by direct evidence of intent Prove by direct evidence of intent or circumstantial evidence.or circumstantial evidence.

Requires careful interview to get Requires careful interview to get critical facts.critical facts.

Available as an affirmative Available as an affirmative defense.defense.

Basis for damages.Basis for damages.

32

TERMINATION OF TERMINATION OF TENANCYTENANCY

Usually the first step in the Usually the first step in the eviction processeviction process

Must be in writingMust be in writing ExceptionsExceptions

End of leaseEnd of leaseTermination of employeeTermination of employee

33

GENERAL GENERAL REQUIREMENTSREQUIREMENTS

Must name the tenantMust name the tenant Must include a description of the Must include a description of the

propertyproperty Must include unequivocal demand for Must include unequivocal demand for

productionproduction Should include a request for forfeitureShould include a request for forfeiture Notice period must expire before Notice period must expire before

filingfiling

34

TYPES OF NOTICESTYPES OF NOTICES

Three Day Notice to Pay Rent or QuitThree Day Notice to Pay Rent or Quit Three Day Notice to Perform or QuitThree Day Notice to Perform or Quit Three Day Notice to QuitThree Day Notice to Quit Thirty Day notice to Terminate TenancyThirty Day notice to Terminate Tenancy Sixty Day Notice to Terminate TenancySixty Day Notice to Terminate Tenancy Ninety Day Notice to Terminate Ninety Day Notice to Terminate

TenancyTenancy

35

THREE DAY NOTICE TO THREE DAY NOTICE TO PAY RENT OR QUITPAY RENT OR QUIT

Cannot be served until the day after the rent is due;Cannot be served until the day after the rent is due; Must accurately state the amount of rent due and Must accurately state the amount of rent due and

the period for which it is due;the period for which it is due; Should include rent only;Should include rent only; Must be in the alternative;Must be in the alternative; Must include locations, days and hours to pay;Must include locations, days and hours to pay; Must include information if alternative payment Must include information if alternative payment

arrangements can be made;arrangements can be made; Rent for only one year;Rent for only one year; Should declare a forfeiture;Should declare a forfeiture; Must include unequivocal demand for possession.Must include unequivocal demand for possession.

36

SERVICE OF THREE DAY SERVICE OF THREE DAY NOTICE TO PAY RENT OR NOTICE TO PAY RENT OR

QUITQUIT Personal service on all tenantsPersonal service on all tenants Substituted serviceSubstituted service Nail and mailNail and mail Same service requirements for Same service requirements for

Three Day Notice to Perform or Quit Three Day Notice to Perform or Quit and Three Day Notice to Quitand Three Day Notice to Quit

37

COMMON TENANT COMMON TENANT DEFENSESDEFENSES

Premature filing of the Complaint Premature filing of the Complaint Defective serviceDefective service Defects on the face of the noticeDefects on the face of the notice HabitabilityHabitability TenderTender WaiverWaiver

38

THREE DAY NOTICE TO THREE DAY NOTICE TO PERFORM OR QUITPERFORM OR QUIT

Must accurately state the breach;Must accurately state the breach; Must be in the alternative;Must be in the alternative; Cannot be for a minor breach;Cannot be for a minor breach; Should declare a forfeiture;Should declare a forfeiture; Must include an unequivocal Must include an unequivocal

demand for possession;demand for possession; Must be breach of an express Must be breach of an express

covenant.covenant.

39

COMMON TENANT COMMON TENANT DEFENSESDEFENSES

Defective service of the notice;Defective service of the notice; Failure to state details with Failure to state details with

sufficient particularity;sufficient particularity; Must be in the alternative;Must be in the alternative; Minor problem;Minor problem; Waiver;Waiver; Denial of allegations.Denial of allegations.

40

THREE DAY NOTICE TO THREE DAY NOTICE TO QUITQUIT

Serious breach that cannot be cured;Serious breach that cannot be cured; Includes waste/nuisance, illegal drug Includes waste/nuisance, illegal drug

sales, subletting and assignment if sales, subletting and assignment if prohibited by the rental prohibited by the rental agreement/lease;agreement/lease;

Not required to be in the alternative;Not required to be in the alternative; Breach must be described with Breach must be described with

sufficient particularity;sufficient particularity; Should declare a forfeiture;Should declare a forfeiture; Must include an unequivocal demand Must include an unequivocal demand

for possessionfor possession..

41

COMMON TENANT COMMON TENANT DEFENSESDEFENSES

Defective service of noticeDefective service of notice Minor problemMinor problem Should have been in the Should have been in the

alternativealternative Denial of allegationsDenial of allegations

42

THREE DAY NOTICE TO THREE DAY NOTICE TO QUIT - FORECLOSUREQUIT - FORECLOSURE

Served on owner whose property Served on owner whose property has been sold at trustee’s salehas been sold at trustee’s sale

43

COMMON TENANT COMMON TENANT DEFENSES DEFENSES

Defective service of noticeDefective service of notice Can require new owner to show Can require new owner to show

that title has been perfectedthat title has been perfected Fraud in transfer of title – Fraud in transfer of title –

AscuncionAscuncion motion motion

44

THIRTY DAY NOTICE TO THIRTY DAY NOTICE TO TERMINATE TENANCYTERMINATE TENANCY

Done to terminate month to month Done to terminate month to month tenancy of less than one year;tenancy of less than one year;

Month to month rental agreement;Month to month rental agreement; Must include unequivocal demand Must include unequivocal demand

for possession;for possession; No need to state reason (exception – No need to state reason (exception –

rent control jurisdiction).rent control jurisdiction).

45

SERVICE OF NOTICESERVICE OF NOTICE

Personal servicePersonal service Substituted serviceSubstituted service Nail and mailNail and mail Certified or registered mailCertified or registered mail

46

TENANT DEFENSESTENANT DEFENSES

Defective serviceDefective service Premature filing of ComplaintPremature filing of Complaint WaiverWaiver RetaliationRetaliation DiscriminationDiscrimination

47

SIXTY DAY NOTICE OF SIXTY DAY NOTICE OF TERMINATION OF TERMINATION OF

TENANCYTENANCY Done to terminate month to Done to terminate month to

month tenancy of a year or more.month tenancy of a year or more. Month to month rental Month to month rental

agreement.agreement. Must include unequivocal demand Must include unequivocal demand

for possession.for possession. Tenant in property not protected Tenant in property not protected

by PTFA.by PTFA.

48

SERVICE OF NOTICESERVICE OF NOTICE

Personal servicePersonal service Substituted serviceSubstituted service Nail and mailNail and mail Certified or registered mailCertified or registered mail

49

NINETY DAY NOTICENINETY DAY NOTICE

Section Eight Housing Section Eight Housing Choice voucher program- Choice voucher program- Wasatch Property Wasatch Property Management v. DegrateManagement v. Degrate, 35 , 35 Cal.4Cal.4thth 1111 (2005). 1111 (2005).

Tenant in foreclosed property Tenant in foreclosed property subject to PTFA.subject to PTFA.

50

SERVICE OF SUMMONS SERVICE OF SUMMONS AND COMPLAINTAND COMPLAINT

PersonalPersonal SubstitutedSubstituted PostingPosting

51

PROBLEMS WITH PROBLEMS WITH SERVICESERVICE

Sewer serviceSewer service Defective service remedies – Defective service remedies –

motion to quash, abuse of motion to quash, abuse of process lawsuitprocess lawsuit

Courtesy letter as remedyCourtesy letter as remedy

52

INITIAL CLIENT INITIAL CLIENT INTERVIEWINTERVIEW

Inquire about:Inquire about: Date of service of Summons and Date of service of Summons and

ComplaintComplaint DefendantsDefendants Manner of service as to all Manner of service as to all

defendantsdefendants Documents served on the defendantsDocuments served on the defendants Type of tenancy Type of tenancy

53

CASES TO REFERCASES TO REFER

Subsidized housingSubsidized housingMobilehome ownersMobilehome ownersForeclosure – fraud claimsForeclosure – fraud claims

54

PREJUDGMENT CLAIM OF PREJUDGMENT CLAIM OF RIGHT TO POSSESSIONRIGHT TO POSSESSION

Used by owners to determine Used by owners to determine who is occupying propertywho is occupying property

Unnamed defendant must file Unnamed defendant must file within 10 days of service, within 10 days of service, answer 5 days lateranswer 5 days later

Disadvantage – credit Disadvantage – credit consequencesconsequences

55

A QUICK LESSON IN A QUICK LESSON IN COUNTINGCOUNTING

Must file within 5 days of Must file within 5 days of service including weekendsservice including weekends

Holiday exceptionHoliday exception Why counting is importantWhy counting is important File early if any doubtFile early if any doubt Consequences of a mistakeConsequences of a mistake

56

NEXT STEPSNEXT STEPS

Review Complaint Review Complaint allegationsallegations

Review prayerReview prayerReview possible defensesReview possible defenses

57

WHAT IS NOT A WHAT IS NOT A DEFENSEDEFENSE

Loss of incomeLoss of income Receipt of welfareReceipt of welfare Inability to pay rentInability to pay rent No place to moveNo place to move Lots of childrenLots of children Disability unrelated to reason Disability unrelated to reason

for evictionfor eviction

58

JUDICIAL COUNCIL JUDICIAL COUNCIL ANSWER-UNLAWFUL ANSWER-UNLAWFUL

DETAINERDETAINER All answering defendants can use one All answering defendants can use one

Answer form; each defendant Answer form; each defendant completes separate fee waiver forms.completes separate fee waiver forms.

General denial vs. paragraph by General denial vs. paragraph by paragraph denial, for example, paragraph denial, for example, paragraphs 7 & 8 for defective service.paragraphs 7 & 8 for defective service.

Deny all paragraphs containing untrue Deny all paragraphs containing untrue statements or statements with which statements or statements with which the defendant disagrees.the defendant disagrees.

Denial on information or belief.Denial on information or belief.

59

AFFIRMATIVE AFFIRMATIVE DEFENSESDEFENSES

Inform the Court why the Inform the Court why the defendant should not be defendant should not be evicted;evicted;

Need not be detailed;Need not be detailed; Enough information to give Enough information to give

notice to the plaintiff.notice to the plaintiff.

60

BEACH OF THE IMPLIED BEACH OF THE IMPLIED WARRANTY OF WARRANTY OF HABITABILITYHABITABILITY

Page 1, 2b – deny paragraphs 10 Page 1, 2b – deny paragraphs 10 and 11and 11

Page 1, box 3a must be checkedPage 1, box 3a must be checked Page 2, box 3j to add facts orPage 2, box 3j to add facts or Use an attachment page – see 3 j Use an attachment page – see 3 j

(1) or (2) and paragraph 6(1) or (2) and paragraph 6 Must address defects, notice, Must address defects, notice,

failure to repair failure to repair

61

BREACH OF THE IMPLIED BREACH OF THE IMPLIED WARRANTY OF HABITABILITY WARRANTY OF HABITABILITY

(CONT.)(CONT.) Add language on page 2, Add language on page 2,

paragraph 4b, for example, paragraph 4b, for example, “The premises are not “The premises are not habitable.”habitable.”

Check box on page 2, Check box on page 2, paragraph 5 d.paragraph 5 d.

62

REPAIR AND DEDUCTREPAIR AND DEDUCT Page one, box 2 a or 2 b –deny paragraphs Page one, box 2 a or 2 b –deny paragraphs

10 and 11- must be checked.10 and 11- must be checked. Page one, box 3 b must be checked.Page one, box 3 b must be checked. Must have complied with statutory Must have complied with statutory

requirements.requirements. Plaintiff must have failed to give credit.Plaintiff must have failed to give credit. Page 2, box 3j to add facts orPage 2, box 3j to add facts or Use an attachment page – see 3 j (1) or (2) Use an attachment page – see 3 j (1) or (2)

and paragraph 6.and paragraph 6. Must address defects, notice, failure to Must address defects, notice, failure to

repair, defendant’s repair of defects.repair, defendant’s repair of defects.

63

REPAIR AND DEDUCT REPAIR AND DEDUCT (CONT.)(CONT.)

May add language on page 2, May add language on page 2, paragraph 4b.paragraph 4b.

May check box on page 2, May check box on page 2, paragraph 5 d.paragraph 5 d.

64

TENDER OF RENTTENDER OF RENT

Requires tender of full amountRequires tender of full amount In form generally accepted by ownerIn form generally accepted by owner Within the three day notice periodWithin the three day notice period Page one, box 2 a or 2 b –deny Page one, box 2 a or 2 b –deny

paragraphs 10 and 11- must be paragraphs 10 and 11- must be checked.checked.

Page one, box 3 c must be checked.Page one, box 3 c must be checked. Additional facts on page 2, paragraph Additional facts on page 2, paragraph

3j3j

65

LANDLORD WAIVED LANDLORD WAIVED NOTICENOTICE

Repeated acceptance of late rentRepeated acceptance of late rent Agreement to accept late rentAgreement to accept late rent Page one, box 2 a or 2 b –deny Page one, box 2 a or 2 b –deny

paragraphs 10 and 11- must be paragraphs 10 and 11- must be checked.checked.

Page one, box 3 d must be checked.Page one, box 3 d must be checked. Additional facts on page two, Additional facts on page two,

paragraph 3j.paragraph 3j.

66

RETALIATION DEFENSERETALIATION DEFENSE

Page one, box 3 e must be checked.Page one, box 3 e must be checked. Additional facts can be added on Additional facts can be added on

page 2, paragraph 3j. page 2, paragraph 3j. Sufficient to state that the reason Sufficient to state that the reason

the plaintiff is evicting the tenant is, the plaintiff is evicting the tenant is, for example, “Defendant complained for example, “Defendant complained to code enforcement.”to code enforcement.”

67

.DISCRIMINATION .DISCRIMINATION DEFENSEDEFENSE

Page one, box 3 f must be checked.Page one, box 3 f must be checked. Additional facts can be added on page Additional facts can be added on page

2, paragraph 3j. 2, paragraph 3j. Sufficient to state that the plaintiff is Sufficient to state that the plaintiff is

evicting defendant because he is (evicting defendant because he is (state state protected groupprotected group). If necessary, add ). If necessary, add that plaintiff has failed and refused to that plaintiff has failed and refused to make reasonable accommodation for make reasonable accommodation for defendant’s disability.defendant’s disability.

68

ACCEPTANCE OF RENTACCEPTANCE OF RENT

Page one, box 3 h must be Page one, box 3 h must be checked.checked.

Additional facts can be added on Additional facts can be added on page 2, paragraph 3j.page 2, paragraph 3j.

Examples include acceptance of Examples include acceptance of rent for a period after the Thirty rent for a period after the Thirty or Sixty Day notice expired.or Sixty Day notice expired.

69

OTHER AFFIRMATIVE OTHER AFFIRMATIVE DEFENSESDEFENSES

Page one, box 3 i must be checked.Page one, box 3 i must be checked. Additional facts can be added on page 2, Additional facts can be added on page 2,

paragraph 3j.paragraph 3j. Any defenses that don’t fit anywhere else Any defenses that don’t fit anywhere else

can be added. For example, the plaintiff can be added. For example, the plaintiff breached the covenant of quiet enjoyment breached the covenant of quiet enjoyment by repeatedly entering defendant’s by repeatedly entering defendant’s residence without permission.residence without permission.

Advisable to a catchall phrase such as “The Advisable to a catchall phrase such as “The Complaint fails to state a cause of action.”Complaint fails to state a cause of action.”

70

TENANTS WHO HAVE TENANTS WHO HAVE DEFAULT JUDGMENTSDEFAULT JUDGMENTS

Setting aside requires showing Setting aside requires showing of mistake, inadvertence, of mistake, inadvertence, excusable neglect.excusable neglect.

Numerous pleadings necessary.Numerous pleadings necessary. Interview to establish Interview to establish

sufficiency of reason.sufficiency of reason.

71

PRE-TRIAL DISCOVERYPRE-TRIAL DISCOVERY

Judicial Council Judicial Council Interrogatories.Interrogatories.

Judicial Council Requests for Judicial Council Requests for Admission.Admission.

Depositions.Depositions. Timelines.Timelines.

72

SUMMARY JUDGMENTSUMMARY JUDGMENT

Basis – no triable issue of Basis – no triable issue of fact.fact.

Done to pro pers to gain Done to pro pers to gain advantage.advantage.

Five day notice.Five day notice. Response – written or oral.Response – written or oral.

73

SETTLEMENT SETTLEMENT AGREEMENTSAGREEMENTS

Advantages – certainty for both Advantages – certainty for both sides.sides.

Disadvantages – attorney Disadvantages – attorney representation on one side only.representation on one side only.

Issues to resolve – vacate date, Issues to resolve – vacate date, rent/damages, costs, attorney rent/damages, costs, attorney fees, dismissal of case.fees, dismissal of case.

74

POST-TRIAL MOTIONSPOST-TRIAL MOTIONS

Petition for Relief from Petition for Relief from Forfeiture.Forfeiture.

Motion for Stay of Execution Motion for Stay of Execution on Writ of Possession.on Writ of Possession.

Appeals.Appeals.