1. Eviction and Settlement Conference Training
Community Legal Services in East Palo Alto
Jason Tarricone
Joyce Song

2. Goals of CLSEPA’s Housing Practice
Maintain and increase decent, safe, and affordable housing for low-income people on the Peninsula, with a focus on East Palo Alto;
Work with tenants to increase knowledge of their rights, and develop and refine problem-solving skills;
Work with tenants to keep them in their homes and smooth their transition to new homes.

3. Overview of Training Example Cases
Anatomy of an Unlawful Detainer Lawsuit
Grounds for Eviction and Common Defenses
Types of Settlement
Settlement Considerations
MSC Clinic – What to Expect

4. What is an Unlawful Detainer?
Expedited action for possession of premises
Priority in setting for trial
Possession is the only issue
Eviction by sheriff by writ after judgment entered and writ issued

5. Anatomy of a UD Notice to Quit/Vacate
Landlord files/serves Summons and Complaint
Tenant files Answer/Other Response or Tenant does nothing
 
LL files Memo to Set Case for Trial LL obtains default
T files Counter-Memorandum
Trial: set within 8-20 days of LL memo
 
Judgment for Tenant Judgment for LL Writ of Possession 
Sheriff posts Notice to Vacate  T files for stay of eviction

6. Grounds for Eviction 30-day notice or 60-day notice (term 1 year plus)
60-day (mobilehome) or 14-day (public housing)
90-day for eviction due to foreclosure
3-day notice (in alternative if breach can be cured)
Non-Payment of Rent
Notice to Cure Covenant or Quit
Incurable breach
Commission of waste, nuisance, unlawful use of premises
Dealing illegal drugs

7. Defenses to Three-Day Notice to Pay Rent or Quit
The landlord refused to accept the rent offered in full
The landlord accepted the rent
Does tenant have a receipt?
The amount of rent demanded is even slightly greater than amount due
Especially important in rent-stabilized jurisdictions!
Breach of the implied warranty of habitability
Possibility of back-firing if premises not habitable

8. Defenses to 30- or 60-Day Notice
Retaliation
Discrimination
In East Palo Alto, good cause required to evict
Disability discrimination, including failure to provide a reasonable accommodation
Definition of disability: substantially limits a major life activity
-includes severe psychiatric disorders
-inform Landlord in writing of accommodations needed

9. Defenses to 3-Day Notice to Quit / or to Cure or Quit
Deny allegations
Discrimination
Failure to accommodate disability
Retaliation

10. Settlement Timing: before or during litigation Factors
Most often at pre-trial Mandatory Settlement Conference
Happens every Thursday morning for cases going to trial the following Monday
Another opportunity to settle before trial Monday morning
Factors
Does client want to move or have another place to move to?
If client wants to stay, how much rent or amount due can client pay and by when?
Trading additional time to vacate
Strength of defenses

11. Pay-and-Stay Settlement
LL agrees to let tenant stay in exchange for tenant agreeing to pay what is due or cure lease violations
Is tenancy sustainable???
Tenant may have to pay LL’s fees and costs
LL may agree to a payment plan and may agree to fix habitability problems

12. Waive-and-Go Settlement
AKA “move-out deal”
Tenant agrees to move out by X date
Generally, longer stays will mean rent is not waived
More time may be better so that tenant can find a new home
Remember that if tenant loses at trial but has rent money, tenant can stay eviction for up to 40 days by paying pro-rated rent amount to Court

13. Sealing the Record
Record is sealed for 60 days after filing of complaint
Parties can agree to extend sealing or masking period
Especially important for a move-out deal – tenant will be looking for a new place to live
Try to seal until 1 to 2 months after date of move out or final payment

14. Structure of the Agreement
Agreements are usually written as stipulations to be signed by the MSC judge
Try to structure so that judgment is entered only upon default by tenant
If tenant complies, LL should dismiss the case
Important to dismiss before record is unsealed
Once signed, tenant appears before judge, who signs stipulation

15. Alternative to Settlement
Trial is in four days
If tenant loses, Sheriff could enforce writ of possession in about 7 to 10 days
Record will be unsealed
If tenant wins, and rent is owed, tenant will have to pay immediately

16. Settlement Conference Materials
Intake Sheet
Brief Services Agreement
Sample Stipulations
Pay and Stay
Move Out
Pink Sheet – Tenant Reminder

17. Questions? Clinic Details: Contact us:
Every Thursday morning, 8:45 a.m. to 12 noon
San Mateo Superior Court, 400 County Center, Redwood City, CA
Bring quarters for meters!!
Contact us: or