TENANTS LEGAL CENTER
Of course we should, but we don't. It is a noble goal to afford all citizens equal rights with our courts. In a perfect world, we would not need lawyers to interpret and use the law to protect our rights. All persons, rich and poor, would have equal rights and equal treatment by the judicial system. Unfortunately, we do not live in a perfect world. The system is very complicated and good legal assistance and representation can easily make the difference between winning and losing any case. Justice comes more easily with power and power is most commonly found by having a good attorney.
Can I use Self Help tools to protect my rights in legal matters?
Education is very important. Knowledge is power, but to a limited degree. The law is very much like the health field. There are many things we can do on our own to protect and promote our health but when we are truly sick, we need to see a doctor. In the law, there are things we can do to protect our rights without needing a lawyer. For example, we can be sure to read and understand documents before signing them. We can put oral agreements in writing so they can be enforced When problems arise, we can document them and send letters to confirm problems or conversations about resolving them. However, when legal documents are served or when action is threatened or commenced, it is time to get specialized legal assistance right away. If you attempt to "self help" after this point, you can easily say or do something (or fail to do something) that will cause the permanent loss of valuable rights.
Can I just do my own legal research and follow a the advice I see on the web or in a book?
Educating oneself in any area of the law is commendable. The problem with Landlord-Tenant law is that the world of books or online help sites and the real world of courts do not always agree. Many times a book or web site may tell you that there is a law or procedure available but not how it may or may not apply to your specific situation or even the city in which you live. Using such resources to learn about your rights is a good thing, but acting on that research without legal advice is just too risky. Your idea of uninhabitable conditions may be different than the court's view on it. Your idea to withhold the rent may be met with an eviction lawsuit where a judge may not agree with your idea of habitability meaning that you lose. Your feeling that a landlord who does not pay the mortgage should not be able to get rent may backfire if you act improperly on such a feeling.
What should I do when served with an Eviction lawsuit (Unlawful Detainer)
You should seek assistance immediately. You must defend your rights or you will lose them.!! If you qualify for free assistance (low income), contact the free Legal Aid office in your area. If you do not qualify or want private personalized assistance, contact a local attorney experienced in these matters. If you have an ANSWER (response) the eviction prepared for you by a free attorney run legal service office, be sure to check if they will represent you at trial. If so, that is fine. If not, you should NOT GO TO COURT BY YOURSELF hoping the papers alone will fully protect you. They will not. We have had many calls from individuals went to court by themselves (with no attorney) and had very bad results. These include losing the case and being evicted as well as being coerced into signing a very bad settlement by the opposing attorney.
Can't I prepare my own Answer papers to an eviction case using self help materials?
The simple answer is that you can but should not. There are various "self help" publications and programs available which are valuable tools to help understand what is going on with these situations, but they cannot handle a case. Although many of them will tell you the basic law, they generally do not give you the greater view of how those rights work in the real world along with the risks involved. They lack the ability to individually evaluate your unique specific situation and render individual advice. Computer programs, machines or devices that offer to help you "do it yourself" can be dangerous and are not recommended. These systems include certain predetermined "rights" or defenses that may have nothing to do with your case. Some defenses, if raised, can actually hurt your case. Others will not apply to you even though they seem like they should. Self help books and computer generated responses to evictions cannot replace an experienced attorney. Seek legal assistance right away if you receive court eviction papers! These cases are too important to risk losing your rights, your home and your ability to be able to rent places in the future.
Are there any other issues with self help materials?
These materials, form books, internet advice and computer programs are unable to do the following (which are all important in handling a case);
-Read and evaluate the eviction notice of the landlord (or a bank) to check for defects.
Should I use a "Paralegal" or "Eviction Delay" services?
A "Paralegal" that offers what appears to legal advice and assistance directly without working in a law office under the direct supervision of an attorney is suspicious. They are NOT allowed to practice law as if they were attorneys and often do so improperly at your peril. Some have made unrealistic promises of getting many benefits like delaying an eviction by merely filling out forms. Such tactics may cost you much more that any possible time benefit. They cannot represent you in a court eviction case. They cannot help you make critical planning decisions about which legal course you should take to protect your rights. Merely leaving you with papers alone may result in a judgment against you owing much more that if you hired an attorney and handled the matter correctly. The problem is that without the specific legal training of an Attorney with experience in this field, a poorly completed court form or ill advised action can cause much harm and expense. To be called a Paralegal, they must comply with legal requirements. (see California Business and Professions Code section 6450 )
The State of California has taken some steps to protect consumers from damages caused by eviction delay services by requiring legal document preparation assistants to follow many rules. To assist in filling out eviction forms, such document service assistants must be properly registered as per California Business and Professions Code sections 6400, For registration requirements see 6402., 6402.1 6402.2 6403 6404 and 6406 . Further, to be a legal document preparation assistant, there is a requirement to post a $25,000.00 bond (See section 6405.) For legal restrictions against practicing law, see 6401.5 and 6401.6.
California law for Diego is applied in these pages. Such laws may or may not be applicable in other jurisdictions.