Why Are Evictions Difficult?

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According to the California Judges Bench Guide, When a landlord wants to end a tenancy involuntarily after the tenant taken possession of the rental premises, the landlord must take certain legal steps to do so. Until these steps are taken, the tenant has a right to peaceful possession of the rented premises and the right to exclude anyone, including the landlord. Unless a tenant vacates voluntarily, a landlord must have a valid writ of execution or possession to reacquire possession of the premises.

An unlawful detainer proceeding under CCP §§1159–1179a is a summary method for recovery of possession of leased premises. It is a limited proceeding designed to permit a landlord to recover possession of real property from a tenant who is wrongfully in possession. Although a landlord may utilize the civil causes of action of ejectment or quiet title, unlawful detainer is almost always preferred because the time span is greatly compressed, i.e., the defendant has only five days to respond to the complaint, and the case is entitled to a preferential trial setting.

Like civil actions generally, unlawful detainer actions are initiated by the filing of a complaint, issuance of a summons, and service of the complaint and summons on the defendant. However, there are notable differences between unlawful detainer and other civil proceedings, including:

• The defendant in an unlawful detainer action must appear and plead within five days after service of the summons and complaint (CCP §1167), rather than the usual 30-day period (see CCP §412.20(a)(3)).
• The proceeding is a summary one and is given legal precedence over other civil actions. CCP §1179a; see §31.69.
• There is no right to file a cross-complaint or counterclaim. See Vella v Hudgins (1977) 20 C3d 251, 255, 142 CR 414; Glendale Fed. Bank v Hadden, supra, 73 CA4th at 1153 (summary character of proceeding would be defeated if, by cross-complaint or counterclaim, issues irrelevant to right of immediate possession could be introduced).
• The only responsive pleadings that may be filed are an answer, a demurrer, or a motion to quash service of the summons. CCP §§418.10, 1170.
• A motion to quash (CCP §1167.4) must be heard within three to seven days and any summary judgment motion (CCP §1170.7) within five days of notice.
• JUDICIAL TIP: A common delay tactic by tenants is to set motions far in advance, especially demurrers (which are not subject to the shorter times). Keep in mind that all motions may be decided on the written pleadings alone. There is no right to a personal appearance or oral argument on motions.
• Unlawful detainer proceedings are exempt from judicial arbitration (Cal Rules of Ct 3.811(b)(4)).
• Any stay on appeal is discretionary with the court. CCP §1176. See §31.82.
• Economic litigation procedures do not apply to unlawful detainer actions. CCP §91(b).
• Unless ordered by the court for good cause, no extension of time may exceed ten days (30 days for other civil actions under CCP §1054) without the adverse party’s consent. CCP §1167.

Because of its summary character, an unlawful detainer action is not suitable vehicle for trying complicated ownership issues involving allegations of fraud. Issues extrinsic to the right of possession are generally excluded even though they arise out of the parties’ landlord-tenant relationship. However, an action for unlawful detainer may coexist with other causes of action in the same complaint, as long as the entire case is treated as a regular civil action and not as a summary proceeding. By choosing the summary unlawful detainer proceeding, a landlord is held to strict compliance with the applicable statutory requirements for such a proceeding.

Go questions? The website www.Iron-Law.com has helpful answers.