Legal Question in Landlord & Tenant Law in California

My daughters "landlord" is trying to evict her by lying and saying she didn't pay her rent. What should we do?


Asked on 12/12/14, 3:12 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

It depends on the stage of eviction. It might be worthwhile for your daughter to ask for an accounting of the rent supposedly due. If the landlord already has filed a lawsuit, your daughter should file an answer within 5 days of being served that includes both a general denial and an affirmative defense that the rent has been paid. Then, when trial time comes, she could show the court copies of all of her negotiated rent checks that she obtains from her bank. If her rental agreement provides for it, she might even be awarded her attorney's fees. Many communities have tenant legal clinics. You might suggest to your daughter to seek out some legal assistance.

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Answered on 12/14/14, 2:38 am


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