Southeast : Downey Gets Tough in Eviction Cases

Downey Municipal Court is one of four in the state that is participating in a new pilot program to speed evictions through court.

Under the program, which started this week, delinquent tenants fighting eviction will have about two weeks to deposit a half-month’s rent with the court during a special hearing if they wish to fight their eviction in a trial.

Usually, tenants are able to use various legal motions without spending a dime to delay eviction and live rent-free for as long six months, officials said.

Court officials hope that the deposit requirement will weed out the deadbeats, allowing landlords to evict quickly to minimize losses and to free the court for significant rental disputes, said Judge John D. Lord of Downey Municipal Court, which handles about 1,500 eviction cases a year.

“In the old system they could stretch it out without paying anything,” Lord said. “Now, if they’ve decided they’re not going to pay another dollar [of rent], they aren’t going to post the deposit” and thus no trial will be scheduled, settling the issue more quickly.

The deposit can be waived at the pretrial hearing if a judge determines that the tenant has a legitimate reason to withhold rent, Lord noted.

The pilot program was created through legislation by state Sen. Quentin L. Kopp (I-San Francisco). After three years, state officials are to determine whether the program should be expanded statewide.