APPENDIX 1

• El Cajon Municipal Court.eviction forms
• Downey Municipal Court.
• Los Angeles Municipal Court.
• San Bernardino Municipal Court.
• Santa Maria Municipal Court.
• Consolidated Superior and Municipal Courts of Riverside County (encompassing most of the courts in Riverside County).¹⁷⁰

Tenants who are defendants in unlawful detainer (eviction) lawsuits in these courts may be required to deposit future rent with the court before they can defend themselves.

This appendix summarizes the key features of the pretrial rent deposit program.

In the courts that participate in the program, the plaintiff (the landlord) may include in the unlawful detainer summons and complaint a demand that the tenant deposit future rent with the court clerk before trial.¹⁷¹   The landlord must first have served a three-day notice to pay rent or quit, and there cannot be any outstanding citations against the rental unit for violations of health, safety, housing, building or fire laws.¹⁷²   The amount of future rent demanded cannot be more than 15 days' rent (up to a maximum of $500).¹⁷³

The landlord's summons and complaint must be accompanied by a reply form.¹⁷⁴   If the tenant returns the reply form within five days of receipt of the summons and complaint, no deposit of rent is required before the pretrial hearing,¹⁷⁵ and depending on the judge's decision at that hearing, the tenant may not have to deposit any rent before the trial.¹⁷⁶  The reply form allows the tenant to inform the court and the landlord that the tenant denies the allegations of the complaint and intends to appear and defend the action.¹⁷⁷

The tenant may return the reply form to the court in person or mail it by certified mail, return receipt requested.¹⁷⁸  If the reply form is mailed, it must be postmarked within five days from receipt of the summons and complaint.¹⁷⁹

If the tenant does not return the reply form, the tenant must deposit the future rent as demanded no later than the day of the pretrial hearing.¹⁸⁰  If the tenant does not return the form and does not deposit the future rent, the court must enter judgment for possession for the landlord at the pretrial hearing.¹⁸¹  The tenant must respond to the complaint by an answer or other responsive pleading, even if the tenant returns the reply form.¹⁸²

The pretrial hearing must be held between 8 and 13 days after the landlord files the proof of service of the summons and complaint.¹⁸³  Attorneys generally are excluded from pretrial hearings in Los Angeles.¹⁸⁴  At the hearing, the court may consider only declarations, documentary evidence, the parties' oral testimony, and the defendant's answer or other response to the complaint.¹⁸⁵

Among other issues at the pretrial hearing, the court must determine whether there is any substantial conflict as to any material fact relevant to the unlawful detainer.¹⁸⁶   If the court finds no such conflict (and makes other specified findings), it may require the tenant to deposit the future rent with the clerk of court.¹⁸⁷   However, the court may not order any deposit if the tenant has already paid (or deposited) all rent through the month in which the action was filed, or if there is an outstanding citation against the rental premises.¹⁸⁸

Some courts participating in the program may ask the tenant to waive (give up) the pretrial hearing and proceed with the unlawful detainer trial at the time that the pretrial hearing was scheduled. The court can only make this request to a tenant who is represented by an attorney. If the tenant agrees to proceed to trial and loses, the court will enter judgment against the tenant for eviction and money damages.¹⁸⁹   The tenant should consult his or her attorney and think carefully about giving up the right to a pretrial hearing.

Tenant's Deposit

The tenant must make the deposit ordered by the court within two court days after the pretrial hearing.¹⁹⁰  If the tenant did not return the reply form, however, he or she must deposit the amount ordered by the court on the day of the pretrial hearing.¹⁹¹   If the tenant fails to make the deposit as required, the court must enter judgment for possession for the landlord.¹⁹²

If the case proceeds to trial, the judge must determine whether the landlord or the tenant is entitled to the deposit. Depending on the habitability of the premises, the judge also may reduce (or eliminate) the tenant's liability for rent.¹⁹³

The pretrial rent deposit provisions do not apply to actions for possession of mobilehomes or manufactured homes, or to actions for possession of real property in mobilehome parks or manufactured housing communities.¹⁹⁴

^Endnotes

¹⁷⁰ Code of Civil Procedure Section 1167.2(a).
¹⁷¹ Code of Civil Procedure Section 1167.2(b)(1).
¹⁷² Code of Civil Procedure Sections 1167.2(b)(1),(c)(1)(A),(d).
¹⁷³ Code of Civil Procedure Section 1167.2(e).
¹⁷⁴ Code of Civil Procedure Section 1167.2(b)(2).
¹⁷⁵ Code of Civil Procedure Sections 1167.2(b)(2)(A),(B).
¹⁷⁶ Code of Civil Procedure Section 1167.2(c)(1).
¹⁷⁷ Code of Civil Procedure Section 1167.2(b)(2).
¹⁷⁸ Code of Civil Procedure Section 1167.2(b)(2)(A).
¹⁷⁹ Code of Civil Procedure Section 1167.2(b)(2)(A).
¹⁸⁰ Code of Civil Procedure Section 1167.2(b)(2)(C).
¹⁸¹ Code of Civil Procedure Section 1167.2(b)(2)(C).
¹⁸² See Code of Civil Procedure Sections 1167.2(c)(1),(3).
¹⁸³ Code of Civil Procedure Section 1167.2(b)(3).
¹⁸⁴ Code of Civil Procedure Sections 1167.2(c)(2),(3).
¹⁸⁵ Code of Civil Procedure Sections 1167.2(c)(1)-(3).
¹⁸⁶ Code of Civil Procedure Section 1167.2(c)(1).
¹⁸⁷ Code of Civil Procedure Section 1167.2(c)(1).
¹⁸⁸Code of Civil Procedure Section 1167.2(d).
¹⁸⁹ Code of Civil Procedure Sections 1167.2(b)(3),(c)(4).
¹⁹⁰ Code of Civil Procedure Section 1167.2(c)(1).
¹⁹¹ Code of Civil Procedure Section 1167.2(c)(1).
¹⁹² Code of Civil Procedure Section 1167.2(c)(1).
¹⁹³ Code of Civil Procedure Sections 1167.2(f),(g); see these sections for additional details.
¹⁹⁴ Code of Civil Procedure Section 1167.2(h).