Unlawful Detainer Survey • California Apartment Association

Court:

I. Is there a local COVID-19 eviction moratorium that limits the ability to evict?

Please answer

Yes

Name the city/county

II. Unlawful Detainer Actions for non-payment (rent or other)

1. Filing Process – Are you encountering problems prosecuting non-payment cases in which the tenant is not protected by an applicable state or local eviction moratorium?

Yes

If so, please answer the questions below.

a. Any issues with prosecuting unlawful detainers filed prior to April 1, 2022, for amounts due prior to April 1, where tenant is not protected by CTRA, the Recovery Act, or an applicable local moratorium? Please explain.

b. Any issues with prosecuting unlawful detainers filed on or after April 1, 2022, for amounts due prior to April 1, 2022, where tenant is not protected by CTRA, the Recovery Act, or an applicable local moratorium? Please explain.

c. Any issues with prosecuting unlawful detainers on or after April 1, 2022, for amounts due on or after April 1, 2022, where tenant is not protected by an applicable local moratorium? Please explain.

2. Issuance of Summons

a. How long is it taking for the summons to issue after the case is filed (electronically or in person)?

b. Has this changed over the last four months?

Yes

If so, please explain

c. How long did it take pre-COVID?

3. Default Judgment: If tenant does not answer, are you able to get a default judgment for possession, and how long does it take?

Yes

Elaborate

4. Tenant Answer/Response – What types of responses are you seeing, and how is court handling them?

a. Second chance filing of declaration (CCP 1179.03(h))

b. Pending rental assistance application

c. Other CTRA Recovery Act defenses, please specify?

Elaborate on each option checked above

5. Trial Setting: Is the court complying with CCP 1170.5’s requirement to set the case for trial within 20 days of a request for trial being filed?

Yes

If not, provide details regarding frequency, reasons given, and any other relevant information.

6. For cases where the tenant has prevailed, what have been the reasons?

7. Are you experiencing delays in judgment being entered after trial?

Yes

If so, explain.

8. Once the judgment for possession is entered, how long does it take before the writ is executed?

9. What, if any, policies of the local sheriff have resulted in delayed lockouts? I.e., only a certain number per week, writs only served on specified days of the week, etc.

10. Have you had tenants seek relief from forfeiture using the process provided for in CCP 1179.13?

Yes

Were they successful?

Yes

If not, how much delay did the attempt cause?

III. Unlawful detainer for cause (non-money)

1. Are these being accepted for filing?

Yes

If rejected, what reason has been given?

2. Time to issue summons compared to pre-COVID?

3. Entry of default judgment compared to pre-COVID?

4. Are courts subjecting these to a different degree of scrutiny than pre-COVID?

5. Scheduling of trial compared to pre-COVID?

6. Entry of judgment after trial compared to pre-COVID?

7. Execution of writ compared to pre-COVID?

IV. Unlawful Detainer for Expiration of lease/no cause termination of month to month

1. Are these being accepted for filing?

Yes

If rejected, what reason has been given?

2. Time to issue summons compared to pre-COVID?

3. Entry of default judgment compared to pre-COVID?

4. Scheduling of trial compared to pre-COVID?

5. Entry of judgment after trial compared to pre-COVID?

6. Execution of writ compared to pre-COVID?

V. Rental Assistance Program

Please share your experience with delays in evictions caused by issues with the rental assistance program; status of applications; and specify the program (i.e., Housing is Key, or local program):