HELP STOPPING AN EVICTION
1. The Eviction Process
a. Written Notice – you must receive a notice in writing. Usually a 3-day notice to pay rent or quit, or a 30/60 day notice to vacate. You can also get a 3-day notice to perform or quit for you to fix a violation of your lease or a 3-day notice to quit for waste, nuisance, illegal activity in the unit, or a lease violation you can’t fix. If you live in public or subsidized housing, you cannot be evicted without good cause.
b. Summons and Complaint– This is the lawsuit. You have 5 days to answer it. If you are low income and a U.S. citizen or permanent resident you can call Legal Services of Northern California at (916) 551-2150 for a free answer or referral to other resources. You can also go to the Unlawful Detainer clinic at the Carol Miller Justice Center for help.
c. Sheriff’s 5-day Notice to Vacate – If you don’t answer a summons and complaint or lose in court, you will get a 5-day notice to vacate. If you do not move out, you will be locked out by the sheriff sometime on or after the 5th day.
If you are being evicted, you can get help with your defense from Legal Services of Northern California. Call (916) 551-2150. They are located at 515 12th Street, Sacramento, CA 95814. They can help you prepare a written response for you for free or at low cost, depending on your income. The service is also available in Spanish. You can also get help answering an Unlawful Detainer Summons from the Unlawful Detainer clinic at the Carol Miller Justice Center.
2. Illegal Lockout
If your landlord locks you out without using the eviction process, immediately call the City of Sacramento Police or the Sacramento County Sheriff. When the police respond show them some proof that you are a tenant (receipts, ID, etc) and ask them to tell your landlord to let you back in. If the police officer does not respond, call the non-emergency phone number for Sherriff’s Department at (916) 874-5115 or the Police Department at (916) 808-5471 and ask to speak to the watch commander. If they won’t help, call Legal Service of Northern California at (916) 551-2150 for assistance.
3. 28-Day Shuffle
If you have lived in a residential hotel for over 30 days, you are a tenant and can only be evicted through a legal eviction. You should not be asked to move rooms or leave for a few days. If this happens, contact Legal Services of Northern California (916) 551-2150 or the Human Rights/Fair Housing Commission (916) 444-6903 ext. 132 . If you are locked out, you should call the police and show them your receipts. If you leave voluntarily, for example, if you don’t have enough money for rent, it is not illegal.
4. Domestic Violence: A tenant in public or subsidized housing cannot be evicted because the tenant is a victim of domestic violence. Domestic violence victims in private housing should also be protected because evicting a domestic violence victim is sex discrimination. Contact Legal Services of Northern California (916) 551-2150 for assistance or the Human Rights/Fair Housing Commission (916) 444-6903 ext. 132 to file a complaint.