HOW TO NAVIGATE AN EVICTION

Eviction is a legal process that involves a landlord filing a suit against a tenant. A tenant is only required to move out if they lose the lawsuit.

For Los Angeles city residents, three (or 30, 60, 90) day notices are the beginning of the process and occur when a landlord claims that a tenant has significantly violated their lease (due to nonpayment of rent exceeding one month’s fair market value, or some other reason). These notices require the tenant to follow the terms of their lease (pay the rent owed, or otherwise become compliant with the lease obligations). If the tenant does not, then the landlord can file an Unlawful Detainer lawsuit in order to evict the tenant.

A lot of people leave when they receive one of these notices, but this is a mistake.

If you receive a three day notice, do not self-evict! The legal process is very costly for landlords (often costing around $20~30k), and the eviction process cannot begin until you receive an Unlawful Detainer. There is no force of law behind a three day notice, it is simply paperwork that is necessary before beginning the eviction process.

If the landlord does not file the three day notice with LAHD (Los Angeles Housing Department), then it does not have legal standing. This serves as a technical defense. The problem with technical defenses is that landlords can respond to this by refiling, and starting the process over.

An Unlawful Detainer (UD) or “Summons and Complaint” notice is the beginning of a lawsuit and requires the tenant to respond in five days in order to avoid entering default. The five days do not include weekends or court holidays. If the tenant does not respond to the UD notice, the court will rule in favor of the landlord.

The easiest way for tenants to respond to unlawful detainer notices is by using https://tenantpowertoolkit.org/. The process can take some time, and it’s important that you don’t rush it, but many tenants who learn the process well enough, or are able to find a lawyer, are able to stay in their homes.

Tenants can also make use of TAHO, the tenant anti-harassment ordinance, in their defense. A short guide to using and navigating TAHO can be found here: https://lafla.org/wp-content/uploads/2022/08/LAFLA-TAHO-GUIDE-ENGLISH.pdf

If you are facing eviction:

You are not alone in this situation! There are resources available to keep you housed. Talk to your neighbors, share information with them, and reach out to the resources below:

LAHD Hotline Number: 866-577-7368

Connect with legal resources: https://www.stayhousedla.org/

File an Answer to your Unlawful Detainer / Summons & Complaint paperwork: https://tools.debtcollective.org/
If you need help using the tool to create an Answer to your Unlawful Detainer, there are workshops in person at the L.A. Public Library, Central Branch, from 4-7pm on Tuesdays, and in person on Fridays at the L.A. Law Library from 9:30-12:30pm starting January 5th, 2024. You can register for the in-person workshops here: bit.ly/answerworkshop. Walk-in tenants facing eviction are also helped on a first-come, first-serve basis. Both workshops have support for tenants who are most comfortable in Spanish.

Attend eviction defense and tenants rights workshops: https://tenantpowertoolkit.org/

The Tenant Power Toolkit hosts online workshops on Monday evenings at 6pm. You can register here. The StayHousedLA website also lists a series of workshops here.

New tenant protections:

Los Angeles City Council passed a new set of tenant protection laws in March of 2023 that covers units that aren’t rent controlled, which includes: Universal Just Cause, Minimum thresholds for evictions, and relocation assistance.

What these mean:

  • Universal Just Cause: landlords cannot evict tenants for no reason after their first 6 months in their apartment or at end of the first term lease, whichever comes first
  • Minimum Threshold for Evictions: This sets a limit for the amount of money a tenant must owe before being evicted
    • Studio – $1534
    • 1 Bed – $1747
    • 2 Bed – $2222
    • 3 Bed – $2888
    • 4 Bed – $3170
  • Relocation Assistance: If a landlord raises your rent more than 10% and you’re unable to pay, they must provide relocation assistance

Prospects at the state level:

At the state level, there will be a measure on the 2024 state ballot called the California Prohibit State Limitations on Local Rent Control Initiative, which will repeal the Costa-Hawkins Act and bring back vacancy control – this means that landlords won’t be able to significantly increase rent prices after a tenant moves out. 

Ready to build tenant power?

If you want to join other tenants to organize against eviction, fill out our campaign interest form or e-mail DSA-LA’s Power to the Tenants Working Group at [email protected]