Fill and Sign the You Can Stay in Your Place After the Eviction Masslegalhelp Form

NOTICE: EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. R\ EAD THIS FORM IF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPL\ AINT. 1. If you live here and you do not complete and submit this form within \ 10 days of the date of service shown on this form, you will be evicted without further hearing by the court along with the \ persons named in the Summons and Complaint. 2. If you file this form, your claim will be determined in the eviction \ action against the persons named in the Complaint. 3. If you do not file this form, you will be evicted without further hea\ ring. FOR COURT USE ONLY TELEPHONE NO.: CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address): ATTORNEY FOR (Name): NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: CASE NUMBER: PREJUDGMENT CLAIM OF RIGHT TO POSSESSION (To be completed by the process server) DATE OF SERVICE: Complete this form only if ALL of these statements are true:1. You are NOT named in the accompanying Summons and Complaint. (Date that this form is served or delivered, and posted, and mailed by the officer or process server) 2. You occupied the premises on or before the date the unlawful detainer\ (evic tion) Complaint was filed. 3. You still occupy the premises. I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY: 2. I reside at (street address, unit No., city and ZIP code) : 3. The address of "the premises" subject to this claim is (address): 4. On (insert date) : , the landlord or the landlord's authorized agent filed a complaint to 5. I occupied the premises on the date the complaint was filed (the date in item 4). I have continued to occupy the premises ever since. 7. I claim a right to possession of the premises because I occupied the \ premises on the date the complaint was filed (the date in item 4). 8. I was not named in the Summons and Complaint. 9. I understand that if I make this claim of right to possession, I will\ be added as a defendant to the unlawful detainer (eviction) action. or file with the court the form "Application for Waiver of Court Fees and Costs." I understand that if \ I don't pay the filing fee or file with the court the form for waiver of court fees within 10 days from the date of service on this for\ m (excluding court holidays), I will not be entitled to make a claim of right to possession. (Continued on reverse) CP10.5 [New January 1, 1991] Code of Civil Procedure §§ 415.46, 715.010, 715.020, 1174.25 PREJUDGMENT CLAIM OF RIGHTTO POSSESSION (Filing fee) I understand that I must go to the court and pay a filing fee of $ 10.1. My name is (specify): recover possession of the premises. (This date is the court filing date on the accompanying Summons and Com\ plaint . 6 . I was at least 18 years of age on the date the complaint was filed (the date in item 4). CASE NUMBER: PLAINTIFF (Name): DEFENDANT (Name): NOTICE: If you fail to file this claim, you will be evicted without furt\ her hearing. 11. (Response required within five days after you file this form) I understand that I will have five days (excluding court holidays) to file 12. Rental agreement. I have (check all that apply to you) : an oral rental agreement with the landlord. a. a written rental agreement with the landlord. b. an oral rental agreement with a person other than the landlord. c. a written rental agreement with a person other than the landlord. d. I declare under penalty of perjury under the laws of the State of Califo\ rnia that the foregoing is true and correct. WARNING: Perjury is a felony punishable by imprisonment in the state pri\ son. Date: (TYPE OR PRINT NAME) (SIGNATURE OF CLAIMANT) NOTICE: If you file this claim of right to possession, the unlawful detainer (\ eviction) action against you will be determined at trial. At trial, you may be found liab\ le for rent, costs, and, in some cases, treble damages. — NOTICE TO OCCUPANTS — YOU MUST ACT AT ONCE if all the following are true: 1. You are NOT named in the accompanying Summons and Complaint. 2. You occupied the premises on or before the date the unlawful detainer (\ eviction) complaint was filed. (The date is the court filing date on the accompanying Summons and Complaint.) 3. You still occupy the premises. (Where to file this form) You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the \ date of service (on the reverse of this form) at the court where the unlawful detainer\ (eviction) complaint was filed. (What will happen if you do not file this form) If you do not complete and submit this form and pay a filing fee or file\ the form for proceeding in forma pauperis if you cannot pay the fee), YOU W\ ILL BE EVICTED. After this form is properly filed, you will be added as a defendant in t\ he unlawful detainer (eviction) action and your right to occupy the premises will be decided by the court. If you do not file this claim, you will be evicted without a hearing. PREJUDGMENT CLAIM OF RIGHT TO POSSESSION Page two CP10.5 [New January 1, 1991] a response to the Summons and Complaint after I file this Prejudgment Cl\ aim of Right to Possession form. e. other (explain) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \ . . . . . . . . . .