Legal Question in Civil Litigation in California
I was served with an unlawful detainer compliant. On the compliant the plaintiff left the box that asked whether the apartment was under rent control blank. But the building is actually under rent control. Can I file a demurrer attacking the complaint based on this? If I can, what exactly do I attack it based on?
Also does it make a difference if the 3 day notice overstated the rent by just $5. If it makes a difference do I demurr to this, or do I bring this up when I file an answer. I ask because I read somewhere that if the difference in the rent on a residential property is overstated in three day notice and it isnt that much, the judge might overlook it. Thank you for your time.
2 Answers from Attorneys
Technically overstating the amount due makes the 3 day notice defective.Rent control provides certain rights but it is not necessarily defective notice.
You can demurer and/or answer. The demurrer must be filed before or concurrent with the answer.
LA is under a very special set of rules due to it's rent control ordinances. There are a number of good tenants rights groups in the area for that reason. You should contact them for advice. They will be more up on the details of the special LA rules than anyone here.
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