Eviction Court Dates Explained
Eviction court dates are an essential part of the landlord-tenant legal process, providing an opportunity for both parties to present their case and seek a resolution to a dispute. These dates, once set, are entered into the court’s schedule and often represent a significant time investment on behalf of both the landlord and tenant. Missing or rescheduling a court date can have serious implications, including the dismissing of a case or granting of a default judgment in favor of one party.
Understanding the schedule is paramount to managing the landlord-tenant conflict and being informed of the details of an eviction case. The law itself specifies a minimum amount of time that must pass between the serving of a notice to the tenant and the scheduling of a subsequent eviction hearing. Beyond these rules, landlords and tenants must also schedule the rest of their lives around this specific date. The procedure for the eventual resolution of the conflict is not complete without an appearance in front of the court to settle any disputes that may exist.
Failure to appear at an eviction court date is a failure to appear in any other court setting, with equally harmful results. The consequences for a landlord who fails to show up on a court date generally result in a dismissal of the case, though sometimes a default judgment may be issued in favor of the tenant. For a tenant who fails to appear, a continued hearing will be scheduled or a default judgment will be entered against them, allowing the landlord to proceed with the case. In either instance, a missed court date will result in a fine, fee, or other sanction ordered by the judge in the matter. Where money is at stake, either party has something to lose, and ignoring the court order not only puts the other party at a disadvantage but places the person missing their date in significant risk of penalties as well.
There are many compelling reasons a person might need to miss an eviction court date , including health-related issues like injury, illness, or disability, and in some cases family or child care issues. Few people willfully ignore a date set by their court system to resolve a matter, and most will go great lengths to appear in the absence of extenuating circumstances. As a result, the process for requesting a rescheduling of an eviction court date is fairly straightforward.
The request for a rescheduling of an eviction court date should be made in writing, though it isn’t necessary to submit the request through the court system. Your attorney can draft a letter to the presiding judge requesting the continuance. Though it’s not usually a requirement, you may benefit from providing a reason for the delay request. Good reasons include those that cause serious hardship, such as hospitalization or other acute medical care, child care or parenting issues, or a death in the immediate family. In other situations, courts tend to demand that the requestor show good faith in attempting to resolve their concurrent legal issues. Missing a date for a different case for which you already had legal counsel in place will not be a valid reason for missing a date and then attempting to get it reset.
Without a good reason for rescheduling, the court will be unlikely to oblige the person looking for a "redo," especially in the case of a landlord seeking an alternative date for their eviction case. In the long term, tenants tend to be more successful than landlords in requesting a medical or other excuse for a rescheduling as they have less to lose and will often work to provide a smaller settlement of back rent, abuse of the difficult-to-win eviction process on their part, however legitimate their reason is, can be foolish.
Legitimate Reasons to Request a Rescheduled Eviction Court Date
There are a lot of things that may come up in life and sometimes they conflict with your court date. Landlords and tenants alike may have to reschedule their case. However, do you have a valid reason for filing a motion to reschedule? In this section, I will give you some common (but not exhaustive) valid reasons to reschedule an eviction court date.
Medical Emergencies
We are all human and plan for life changes, but emergencies do happen. If you get sick or injured and can’t make it to court, that’s a valid reason for requesting a new court date.
Scheduling Conflicts
You may have important plans already or have a business trip planned where you absolutely cannot attend court or even have a witness testify on your behalf.
Improper Notice
If you were not given proper notice of the eviction hearing, you may not have enough time to prepare for your court date.
Illness
If you yourself are not feeling well and cannot make it to court for health reasons, this is a valid argument for asking the judge to reschedule.
Death of a family member
If you have lost a loved one, you have every right to request a rescheduling.
How to Request a Rescheduled Court Date
If you need to request a new court date, you must first fill out a request form. This form typically contains information such as your name, your original court date, and the new date you would like to schedule your case for. You must then submit the request form to court administration. You should be able to submit this request online or in person at your local courthouse. There may be fees associated with the processing of your request. Fees vary by court, so be sure to inquire about any potential fees when requesting your new court date. The timeframe in which you may be charged varies by court and your circumstances. You are responsible for paying all fees and fines in a timely manner. The earlier you submit this request, the better. Most courts require a minimum of two full business days, so you should try to submit your request as soon as possible. In some cases, you may be required to appear in court regardless of whether your request for a new date has been approved or not. A judge may ask you to provide an explanation as to why you were unable to appear before the original date. When this happens, the court may likely reschedule any missed hearings or trials. If you have missed a hearing, you will be notified by mail of your legal options. Additionally, the court will provide you with a new date and time for your hearing. In some cases, you may be able to reschedule your court date over the phone or via an online form. Not all courts do this, but when they do, they will specify this option on the request form or their website. Keep in mind that there are some cases in which you cannot request a new court date. Some courts have limited options to move a trial date or hearing, while other courts will not allow a party to postpone a trial or hearing at all.
Legal Aspects and Tenant Rights
Should you be in a situation where you wish to reschedule your eviction court date, there are legal aspects for tenants to be aware of. Depending on the state, many landlords will have to provide a written notice to the tenant, giving at least 24 hours’ notice. Furthermore, the tenant may have to sign documentation acknowledging receipt of that notice. Because the landlord has to give written notice, this means that tenants have the right to protect themselves: when signed documentation is requested, the tenant must comply. However, if the tenant is not given proper notice, or they sign documentation that is different from what they originally thought, tenants can challenge these documents in court, provided they have a lawyer. The importance of proper representation cannot be stressed enough.
Unfortunately, some tenants may be pressured into signing documentation that they do not understand or that could be used against them when they go to court. Because documents can be interpreted in various ways, tenants should pay attention to what they are being asked to sign at all times , and not be pushed into something they do not understand. Once the eviction process has been started, you should seek legal council immediately. There may be tenant associations available, but as a private citizen, you must also define your rights. It is always best to get legal help from an attorney who specializes in these matters if you can. There are ways to protect the lessors from taking advantage of tenants, and going through the process legally is in your best interest.
Remember to never ignore an eviction action. Always take the notice to court and get appropriate information about what is being asked of you. If you are provided with an agreement to sign, both parties can choose whether that agreement should be entered into the court documents or not. Keep in mind that the agreement can be modified anytime before the date of the hearing takes place. This agreement can be verbal or in writing, but it is always best to get your agreement in writing to have a clear record of what has been agreed to; this will be used if there is any disagreement later on.
Possible Outcomes and Further Actions
Once you have submitted your request form, the most likely outcomes are: The first option is that the Court refuses to allow the reschedule. Courtrooms are crowded and judges often cannot spare the time needed for a delayed hearing. It is possible that you may be granted a reschedule, but more likely is that your request is denied. If that happens, you need to ship out fast. If the Sheriff shows up on your scheduled court date, they will be authorized to take you out of the apartment immediately. The police will not be in attendance, but will be updated shortly thereafter to clear the premises of your belongings. This is called a quick eviction. You could be locked out of your apartment with nowhere else to live. If you are lucky enough to have relatives who can take you in, you will need their assistance immediately. There will not be much time for an orderly eviction. The second, and more common scenario is that you are granted a 30 – 90 day rescheduled Court date. If you get lucky and are granted a reschedule, the eviction process will halt. You will receive notice of the new court date and you will be able to remain in your apartment pending the outcome of the new date. It is likely that your landlord will come back around and try to settle the matter on terms agreeable to both parties. If that happens, you should consider talking to the landlord. If you believe you can get caught up with your back rent, then by all means, submit those funds to the Court electronically. If you feel you cannot get caught up, it is possible that another reschedule can be requested after the first one has passed.
Obtaining Legal Assistance and Resources
It is important to recognize that there are resources available to provide guidance and support if you have been issued an eviction notice. The first step should always be to consult with a lawyer or other tenants’ rights advocate, where available. If you do not have a lawyer or access to other counsel, the following organizations may be able to provide assistance:
The Housing Rights Center of Los Angeles
323-653-2010
Housing Rights Center of Los Angeles provides legal assistance to tenants through counseling, advocacy, and training programs.
Tenant’s Together
www.tentsstogether.org
Tenant’s Together "fights for justice and equality by h …and in the state of California." Their website is an interactive site with information for tenants in multiple languages.
Legal Aid Foundation of Los Angeles
www.lafla.org
The Legal Aid Foundation of Los Angeles "provides free legal counsel , representation, and other critical aid to thousands of the county’s most vulnerable community members through 12 offices and ten domestic violence shelters in L.A. County."
Association of California Tenants Advocates
Carlsbad, CA
(760) 730-8486
The Association of California Tenant Advocates "is dedicated to the advancement of public policy and legislation that will protect the dignity and housing needs of all California renters. In addition, we promote and protect the rights of all California tenants as enshrined in state law."