The Contested Case

The Contested Case

The tenant, after being served with the summons and complaint, may file a response with the court within the time period allowed by law.  We cannot prevent the tenant from exercising his right to have his day in court.  As tenants become more adept at maneuvering the system, we see an increasing percentage of contested cases, even though they have no legal defense.  Filing a response does not mean the tenant wins the case.  It merely means a further delay to the process.

Once our office learns of the answer, we immediately set the matter for court trial on the first available date.  Unlawful detainers are entitled to preference of the calendar and are usually set within 14 to 20 days after the answer has been filed.

Our office will notify you or your property manager of the trial date and prepare you thoroughly for the hearing.  It will be necessary for the owner or resident manager to be present at trial to testify.

As you might expect, the landlord usually prevails at trial.  In some cases, it is a good idea to settle the case.  Frequently, we will enter into a stipulated judgment, that is, a judgment by agreement between the parties, which is also approved by the judge.  Typically, the stipulated judgment will provide for possession of the premises on a mutually-agreed date and an amount of back rent and costs owing.

Once the trial concludes, our office prepares the necessary paperwork, which includes a judgment after trial by court, cost memorandum, and writ of execution.  The judgment is processed by the court and is usually entered within one to three days after the trial, although some courts take longer.

Once the judgment has been entered, either by default or after trial, the final step in the eviction arrives.