LANDLORD-TENANT LAW
Using Self Help
(Representing yourself)

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.

Shouldn't we all have equal rights with the court system?

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 only comes with power and power comes from having a good attorney.  You need only look to the news on T.V. or read the newspaper to see numerous examples of this.  We all know that people with powerful attorneys have very different results in almost any court proceeding than those without such power.

Can I just do my own legal research and follow a book's advice?

Educating oneself in any area of the law is commendable.  The problem with Landlord-Tenant law is that the world of books and the real world of courts do not always agree.  Many times a book may tell you that there is a law or procedure available but not how it may or may not apply to your specific situation in the real world.  Using such books and materials 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 a landlord's idea of a luxury accommodation.  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.  No second chances to pay that withheld rent. (Ouch!).  

Can't I plan on representing myself in an eviction court case?

Can't I prepare my own Answer to an eviction case using self help materials?

The simple answer is that you 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" are very dangerous and 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.  These "official" looking responses only lull you into a false sense of security that you have responded properly when, in fact you have not..  As to using these methods, you will have better luck with a slot machine than one of these.    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.

What else is wrong with using self help materials?

These materials,  form books, computer programs or devices are unable to do the following (which are all important in handling a case);

-Read and evaluate the eviction notice of the landlord to check for defects. 
-Analyze situations where there are more than one notice where one may cancel out another.
-Analyze situations where there are past notices which can affect later ones. 
-Research the landlord to see if he/she is properly named as the Plaintiff. 
-Read letters and notes from the landlord which may dramatically change the nature of the case. 
-Review photos and listen to or view recordings.
-Review past history of the landlord.
-Make tactical decisions in handling a case.
-Make tactical decisions about what NOT to put in your court papers.
-Make tactical decisions in working toward a settlement with a win - win outcome while still protecting your rights. 

Self help materials seem like a cheap and easy way to go but it is not.  Self help methods of responding to or defending eviction cases have spelled doom for almost all tenants who have tried that system.  It is like drinking salt water when you are thirsty.  It may help for the moment, but things will only get worse. 

Can I represent myself in an eviction trial?

In a word, NO you should not.  Trials are very complicated.  You must know the rules of evidence and trial procedure.  A smoking gun document that you are convinced will win the case is worthless if the judge will not admit it into evidence.  Presenting your own case in court without representation has proved to be a very disappointing and traumatic experience. Without specific and skillful knowledge of complex rules of evidence and court procedures, your evidence may never be heard, no matter how "good" it was.   Witness statements could be worthless if not presented properly.  You will be unable to effectively challenge or prevent opposing, damaging and sometimes even false evidence against you from being heard by the judge.  You have very little chance under these "battle" and pressure conditions, even with a good case.   Unfortunately it has become painfully clear that when tenants represent themselves in any eviction court action, they will almost always either lose the case or agree to a bad settlement, regardless of what rights they had.   This means that tenants should not represent themselves in any court eviction case.  

Why can't I negotiate with the landlord's attorney?

With effective representation, there may be no trial since your own attorney can settle the case out of court.  The landlord's attorney will respect a good tenant defense lawyer and back down from their hard line eviction plans and settle a case.  They know that we (Tenants Legal Center attorneys)  know the laws and their technical tricks and tactics.  They do not want to risk losing the case and then maybe losing that client!!  (Landlords do not like to lose)  They are motivated to settle the case with us on favorable terms (for both sides).  They cannot and will not treat an unrepresented tenant the same way as a represented one.  They are not concerned about unrepresented tenants since they pose no real risk to them of interfering with their plans of winning a quick eviction.  They are duty bound to get the best result possible for their landlord client.  That means a quick eviction or talking the tenant into a bad settlement (for the tenant!).  At the Tenants Legal Center, we consistently achieve favorable results/settlements for our clients.  Some settlements are even better than winning at trial!

What can I do if I represented myself at trial and lost?

If you lost your case at trial, your options are very limited.  You can appeal but statistically that has not been a successful method of post trial procedure.  Since appeals are costly with little chance of success, we generally do not handle those matters. There are other procedures available besides appeal including a motion for a new trial.  This is difficult but not impossible and we have achieved some success with this procedure.  We have also successfully negotiated post trial settlements with the landlord's attorney to vacate (cancel) the judgment even after the tenant lost the case.  Under certain circumstances, a motion can be made to reinstate a tenancy with a special post trial petition.   These options are available but there are costs and risks involved which may all be avoided by simply retaining an attorney prior to any trial.  It is easier to resolve the matter with good legal help than trying to undo the damage after handling the case on your own and losing in court.

What can I do if I made a bad settlement with the Landlord?

It is very difficult (i.e. almost impossible) to undo a settlement made at court, even a bad or unfair one.  It will be a binding agreement, in writing, and signed by you and the Judge.  In most cases, you even state in court that you understand and agree to the deal.  In these cases, you are usually stuck with the settlement.  We have had some success renegotiating these bad deals but it is a risk and expense easily avoided.  Retain an attorney before the court date and let him/her make a good settlement for you protecting your rights.

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California law for Diego is applied in these pages.  Such laws may or may not be applicable in other jurisdictions.  The information provided herein is of a general nature and is not intended to be taken as specific legal advice.  For legal advice in a particular situation, promptly consult with an appropriate attorney