There can be two reasons a landlord tenant attorney says that one cannot have a jury trial in a landlord-tenant case.

• You’re suing under a statute that doesn’t give you the right to a jury trial
• You’re requesting a form of relief that doesn’t give you the right to a jury trial

To better understand the reason, you must understand how the jury trial process works in California.

If you have valid defense arguments against the tenant's claims, the landlord can request that the lawsuit be carried out. At trial, both the landlord and the tenant can present evidence. This evidence may include documentation, photographs, or the testimony of witnesses.

The trial will be presided over by a judge or jury who will hear the testimonies and decide who will win the trial. At trial, the landlord has the responsibility to prove his claim against the tenant. If the tenant has filed a counterclaim, a request for redress, or a request for compensation, they are responsible for proving those claims.

If the tenant requests a trial, the landlord can petition the judge to require the tenant to pay the rent to the court until the trial date. This action is called a protection order. For more information on orders of protection, see the brochure entitled "Orders of Protection."