Legal Question in Landlord & Tenant Law in California

answer to eviction summons

Riverside county jurisdiction, landlord was angry at 30 day notice to vacate, we gave written forfeit of security which covered full month rent due plus 170 more. They refused to accept our notice and forfeit and served 3 day notice. Notice was not served in person, it was left by the door of the house. A few days later there was a summons left by the door. The POS states the 3 day was served in person and the summons has not been served personally and not by mail either. Summons filing date was Oct 10. We are moving out Nov 1 and shouldn't owe any rent as deposit was forfeited. The landlord is angry and wants an eviction, we just want out and we're not staying even a day beyond that already paid. We even offered to make home avail for showing to prospective tenants during our remaining time in the house. The POS has lied by stating notice was served in person and we feel that the POS on the summons will also be false. We are short on funds and also filing for waiver of court fees and would like to know if we should file answer to summons even though there has not been proper service yet or should we file a motion to quash or general denial or just what? Advice would be appreciated


Asked on 10/17/07, 6:35 pm

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

Re: answer to eviction summons

The first problem you face is that a security deposit is not equivalent to cover unpaid rent, as far as you are concerned. While landlords use the deposit for unpaid rent, you are still required to pay the last month, so you are a candidate for a proper unlawful detainer (eviction).

Service can be personal, or by posting on the door (so-called "nail and mail") and the court allows an extra five days for late delivery of mail. Also, even if there was a mistake made as to the notice, these can be corrected.

Filing a waiver as to court fees is, of course, acceptable, but immaterial as to a defense. That is, you owe rent, and, for whatever reason you can't afford it, is still your problem, and not that of the landlord.

You should file an answer as a general denial, which will buy you a little more time. However, you do owe for the last month, and the landlord will have spent considerable money filing for eviction.

Your credit report will be severely damaged by this, and you'll have almost no ability to rent again, unless you have a cosigner.

Whether landlord is angry or not, is immaterial....and filing a motion to quash, etc. is merely delaying the inevitable.

I would highly recommend negotiating with landlord, get out ASAP and move before this situation hits your credit report, and find some way to repay him.

Your finances are in a mess, and complaining that a service was improper amounts to bringing a toothpick to a duel with swords.

Good luck!

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Answered on 10/17/07, 9:01 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: answer to eviction summons

I agree completely with Mr. Bennett's detailed advice. Sounds like you owe the back rent and are out of funds. You should negotiate with the Landlord to spare your long term credit.

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Answered on 10/17/07, 11:04 pm


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