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Legal aid: eviction defense and benefits advocacy (free lawyers for tenants and people denied benefits): who qualifies, what you get, how to apply, and what happens next

Free legal aid in California defends tenants in eviction cases and represents people whose public benefits were denied or cut. Programs funded by the Legal Services Corporation serve households up to 125% of the poverty line, and up to 200% in listed cases; county programs such as Stay Housed LA set their own rules. The court deadlines are short: an Answer to an eviction case is due in 10 court days.

What Legal aid for eviction defense and benefits is, in one paragraph

Legal aid is free legal help from nonprofit law offices and county programs. In housing it defends tenants in eviction (unlawful detainer) cases and handles repair and lease problems; in benefits it represents people whose CalFresh, CalWORKs, Medi-Cal or other benefits were denied or cut. Offices funded by the federal Legal Services Corporation must keep income ceilings at or below 125% of the poverty guidelines, with exceptions up to 200% (rule:lsc_125, rule:lsc_200). County programs such as Stay Housed LA have their own rules (rule:la_free_counsel). The court deadlines run whether or not a lawyer is found.

10 court days
to file an Answer after being handed eviction court papers (California Courts, rule:answer_10_court_days)

Who may qualify

Income (LSC-funded programs). At or below 125% of the federal poverty guidelines; up to 200% when listed factors apply (rule:lsc_125, rule:lsc_200). Figures are annual income, 2026 guidelines, for California (the 48-state column):

Household size125% of poverty200% of poverty
1$19,950$31,920
2$27,050$43,280
3$34,150$54,640
4$41,250$66,000
5$48,350$77,360
6$55,450$88,720
7$62,550$100,080
8$69,650$111,440
each additional+$7,100+$11,360

(rule:lsc_125_table, rule:lsc_200)

Other programs. Legal aid offices not funded by LSC and county tenant programs set their own rules; those are UNKNOWN here (rule:local_programs_vary). Every superior court has a self-help center open to anyone without a lawyer (rule:self_help_center).

How to apply, and what happens after

Eviction. The landlord must first give a written notice (rule:written_notice). If court papers are served, the Answer (form UD-105) is due in 10 court days when handed to the tenant, or 10 calendar days plus 10 court days when left with someone else or posted and mailed (rule:answer_10_court_days, rule:answer_mailed, rule:answer_form). Court days skip weekends and court holidays (rule:court_days). If no Answer is filed, the landlord can get a default judgment (rule:respond_or_default). If no lawyer can be reached in time, file the Answer as well as possible (rule:file_anyway). The filing fee is $240 to $450 per person, or a fee waiver (rule:filing_fee).

Benefits. A state hearing must be requested within 90 days of the notice (rule:benefits_hearing_90).

StageWhat happensDeadlineWhat loses people their case
NoticeWritten notice from the landlordPer noticeIgnoring it
Court papersSummons and Complaint servedAnswer in 10 court days (handed)Default judgment
Legal aid intakeIncome and case screeningBefore the Answer deadlineCalling after the deadline
JudgmentTrial; 30 to 45 days or longer from notice (rule:eviction_timeline)Court scheduleMissing the trial
Benefits hearingRequest to the State Hearings Division90 days from the noticeMissing the 90 days
The procedure, stage by stage, as data
JSONThe procedure, stage by stage, as data
8 items
10 keys
"id""stage:discover"
"order"1
"name""Discover"
"what_happens""Tenant or benefits applicant learns free legal aid exists and that deadlines are short"
"who_acts""Person"
"timeline""The day a notice or court papers arrive"
"evidence""None"
"failure_mode""Waiting until the hearing"
"model_role""Name the deadline from the papers"
"automation_class""A"
10 keys
"id""stage:screen_eligibility"
"order"2
"name""Screen eligibility"
"what_happens""Income against 125% (or up to 200%) of poverty for LSC-funded programs; case type"
"who_acts""Model + person"
"timeline""Minutes"
"evidence""Household size, income, case type"
"failure_mode""Assuming income is too high without checking the 200% exceptions"
"model_role""Compare with rule:lsc_125_table and rule:lsc_200"
"automation_class""A"
10 keys
"id""stage:gather_documents"
"order"3
"name""Gather documents"
"what_happens""Notice, Summons and Complaint, lease, rent receipts, photos of conditions, benefits notice"
"who_acts""Person with model checklist"
"timeline""Same day"
"evidence""Court papers, lease, notices"
"failure_mode""Losing the service date"
"model_role""Record the service date and method"
"automation_class""A"
10 keys
"id""stage:submit"
"order"4
"name""Submit"
"what_happens""Intake with a legal aid office or county tenant program; court self-help center if none can take the case"
"who_acts""Person"
"timeline""Before the response deadline"
"evidence""Intake record"
"failure_mode""Calling after the deadline"
"model_role""Prepare intake facts"
"automation_class""C - intake is human"
10 keys
"id""stage:interview_verification"
"order"5
"name""Interview / verification"
"what_happens""Intake screening for income and case priorities"
"who_acts""Legal aid staff"
"timeline""Same week"
"evidence""Income and case documents"
"failure_mode""Programs at capacity"
"model_role""Have the court route ready (rule:file_anyway)"
"automation_class""C - intake screening is human"
10 keys
"id""stage:decision"
"order"6
"name""Decision"
"what_happens""Representation, advice only, or referral"
"who_acts""Legal aid organization"
"timeline""Per program"
"evidence""Retainer or referral"
"failure_mode""No representation and no Answer filed"
"model_role""Point to the self-help center and the Answer form"
"automation_class""A"
10 keys
"id""stage:issuance_use"
"order"7
"name""Representation / response"
"what_happens""Answer (UD-105) filed; trial; or state hearing for benefits"
"who_acts""Lawyer or person"
"timeline""Answer within 10 court days of being handed papers (rule:answer_10_court_days)"
"evidence""Filed Answer"
"failure_mode""Default judgment (rule:respond_or_default)"
"model_role""Count court days"
"automation_class""B"
10 keys
"id""stage:appeal_fair_hearing"
"order"8
"name""Appeal / fair hearing"
"what_happens""Benefits: request a state hearing"
"who_acts""Person or advocate"
"timeline""90 days from the notice (rule:benefits_hearing_90)"
"evidence""Notice of action"
"failure_mode""Missing the 90 days"
"model_role""Draft the hearing request"
"automation_class""B"

The same facts open other programs

Household size, income, county and the kind of notice are the facts legal aid asks. The same facts open:

References (6)

Those connections are read from the California benefits graph, the object that holds all 80 programs, the life events that trigger them and the facts they share.

What this article shares with the graph
JSONWhat this article shares with the graph
6 keys
"program_id""B042"
"graph""california-benefits-graph"
"related_program_ids" 6 items
"B040"
"B079"
"B035"
"B036"
"B001"
"B011"
"related_programs" 6 keys
"B040""CalWORKs Housing Support Program + county rapid rehousing"
"B079""Continuum of Care shelters + Coordinated Entry"
"B035""Housing Choice Voucher (Section 8)"
"B036""Public housing + project-based rental assistance"
"B001""CalFresh (SNAP)"
"B011""Medi-Cal (Medicaid)"
"triggered_by_events" 4 items
"event:eviction_notice_received_3_day_30_day_unlawful_detainer"
"event:divorce_separation_partner_leaves"
"event:fleeing_domestic_violence"
"event:benefits_denied_or_terminated_any_program"
"shares_facts_with" 2 keys
"household.size" 6 items
"B001"
"B003"
"B011"
"B021"
"B045"
"B049"
"household.income.annual" 4 items
"B012"
"B049"
"B050"
"B056"

Official addresses

Related pages
Beside
CalWORKs Housing Support Program and county rapid rehousing (housing help for CalWORKs families): who qualifies, what you get, how to apply, and what happens nextContinuum of Care shelters and Coordinated Entry (the front door to homeless housing in each county): who qualifies, what you get, how to apply, and what happens nextHousing Choice Voucher (Section 8) (rent help paid to a private landlord): who qualifies, what you get, how to apply, and what happens nextPublic housing and project-based rental assistance (subsidized apartments where rent follows income): who qualifies, what you get, how to apply, and what happens nextCalFresh (California food benefits): who qualifies, what you get, how to apply, and what happens nextMedi-Cal (California Medicaid health coverage): who qualifies, what you get, how to apply, and what happens next
References (18)
  1. The eviction process for tenants — Judicial Council of California (California Courts Self-Help Guide)“Your landlord must give you a written Notice before they can ask a judge to make you move out.”
  2. The eviction process for tenants: how long — Judicial Council of California (California Courts Self-Help Guide)“After the landlord gives you the Notice, it can take 30 to 45 days—or longer—for the judge to decide.”
  3. The eviction process for tenants: respond — Judicial Council of California (California Courts Self-Help Guide)“You must file your response papers within 10 days. If you don’t, the judge can decide the case without hearing from you.”
  4. Fill out an Answer form in an eviction case — Judicial Council of California (California Courts Self-Help Guide)“The main form you need is Answer – Unlawful Detainer–Eviction (form UD-105)”
  5. Answer deadline when handed the papers — Judicial Council of California (California Courts Self-Help Guide)“You have 10 court days to file your Answer.”
  6. Answer deadline after substituted service or posting — Judicial Council of California (California Courts Self-Help Guide)“You have 10 calendar days plus 10 court days after the server mailed the Summons and Complaint to you to file an Answer.”
  7. Court days — Judicial Council of California (California Courts Self-Help Guide)“For court days, don’t count Saturdays, Sundays, or court holidays”
  8. Filing fee — Judicial Council of California (California Courts Self-Help Guide)“Each person must pay a court filing fee ($240–$450).”
  9. Default — Judicial Council of California (California Courts Self-Help Guide)“The landlord can ask for a default judgment at any time after your deadline passes.”
  10. No time for legal help — Judicial Council of California (California Courts Self-Help Guide)“If you need legal help but don’t have time before your deadline, fill out the Answer the best you can”
  11. Help at court — Judicial Council of California (California Courts Self-Help Guide)“Every superior court offers some help to people who do not have a lawyer and need legal information.”
  12. 45 CFR 1611.3: income ceilings — Legal Services Corporation regulations, 45 CFR part 1611 (eCFR)“which may not exceed one hundred and twenty five percent (125%) of the current official Federal Poverty Guidelines amounts.”
  13. 45 CFR 1611.5: exceptions up to 200% — Legal Services Corporation regulations, 45 CFR part 1611 (eCFR)“The applicant's income does not exceed 200% of the applicable Federal Poverty Guidelines amount and”
  14. 45 CFR part 1611, Appendix A: 2026 income guidelines — Legal Services Corporation regulations, 45 CFR part 1611 (eCFR)“Legal Services Corporation 2026 Income Guidelines”
  15. Stay Housed LA — Stay Housed L.A. (City and County of Los Angeles tenant program)“Stay Housed LA provides free legal services to eligible tenants facing eviction.”
  16. Stay Housed LA: hotline — Stay Housed L.A. (City and County of Los Angeles tenant program)“call the Stay Housed LA hotline at 1-888-694-0040”
  17. State Hearings: request a hearing — California Department of Social Services“you have 90 days to request a state hearing. After 90 days, you must prove you had a good reason for asking late.”
  18. State Hearings: by phone — California Department of Social Services“Call the State Hearings Division toll free (800) 743-8525”