Legal Question in Landlord & Tenant Law in California

3 day served - I'm not on lease, will I still get an eviction on my record?

Hello,

Husband and I filed for divorce and he signed lease for a condo for 1 yr term. I am not on lease, but moved in a few mos. later. Now we were served a 3 day for rent due. I understand why my name is on the 3 day, but because I never signed the lease will I have to go to court and / or will an eviction go on My record, as well???


Asked on 2/01/08, 1:16 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: 3 day served - I'm not on lease, will I still get an eviction on my record?

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Answered on 2/02/08, 8:27 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: 3 day served - I'm not on lease, will I still get an eviction on my record?

The key factor is whether you are served with the subsequent Summons and Complaint for unlawful detainer (i.e. eviction). Regardless of how you are served, even if you believe it was done improperly, bring the pleadings to an attorney right away: You only have 5 days to file an Answer with the Court. Contacting an attorney right away is doubly important if you are named as a defendant, by name, in the pleadings, even if you aren't on the lease. Let the attorney tell you if you have to file an Answer to the Summons and Complaint and whether you have to go to Court. Don't try to figure it out yourself, because there are exceptions that require you to defend the eviction even if you're not specifically named as a defendant.

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Answered on 2/01/08, 5:11 pm


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