Wildflowers bloom in the Sierra Nevada
Wildflowers bloom in the Sierra Nevada

Tenant - How to Answer

1. After you have been served with the 5 day notice - non-payment of rent you can file an affidavit of tenant to contest the notice. You MUST file the affidavit to get a court date. The affidavit must be filed within 5 working days if you were personally served or 8 days (including weekends and holidays but excluding the date of service) if the notice was posted on your unit and mailed to you. If you are unclear of how long you have to file the affidavit of tenant, contact the Court as soon as you get the notice for further instruction.
2. The filing fee for the affidavit of tenant is $33.00.
3. When you file the affidavit of tenant the hearing is set for the next business day. Then the Court notifies the landlord that you filed the affidavit and the date and time of the hearing.

Preparation for Hearing

When you appear for the hearing, check in with the clerk who will tell you in which courtroom the eviction matters are being held. You will need to be prepared to defend the allegations made in the notice at this hearing so bring any appropriate documentation.

Disposition of the Hearing

* A lockout order is required to be served immediately but in no case later than 24 HOURS after the Sheriff receives it.
* If the judge grants the lockout order, you will be locked out of the unit upon service of the order.
* If the judge gives you time to pay or move and you don't comply, you will be locked out upon service of the order.

THIS MEANS THAT YOU MAY BE LOCKED OUT ON THE SAME DAY THAT THE LOCKOUT ORDER IS GRANTED.