Legal Question in Landlord & Tenant Law in California

I have an apartment in LA but I attend college in New York. I use the apartment in LA as my home address because I was living there before I started school in New York and I come here during school breaks. Well I was late on my rent for May, although I did pay and they did accept the payment, and I was served with a 3 day notice to pay rent or quit. I got back to LA on Thursday, June 12. I opened my mail and saw a notice for an unlawful detainer dated 5/27/2014. I didn't know what to do so I called a couple lawyers who couldn't really help then I spoke to a lady at the LA bar association and I told her my situation and she told me that because I was not here and did not really get summoned, I still should have 5 days to answer. I don't know if this is true or not. However, she told me to go to the court and file an answer asap. But that same I received a letter for entry of default, meaning I already lost the case and a sheriff will be coming soon. And also a request for trial. I want to know if I am completely lost on this case or if there is anything I can do. The default letter didn't ask for any payments or restitution, they just want possession of the premises. They also requested a court case. I've been late on my rent before but they've never been this strict. I figured out that the building was sold on May 9th, 2014 and is under new ownership. I had no news of that, I had to find out online. I didn't recieve and letter in the mail, email, or phone call about it. I do believe it is the new ownership that is taking these drastic measures. The manager of the building new I was in school and knows that I am away from the apartment. I want to know what I can do. I am willing to just leave the apartment. I just don't want an eviction on my record at this age (20). If there's anything I can do or anyone that can help, please let me know asap. I don't have much money. My contact information is:

[email protected]

(240) 483-6616


Asked on 6/17/14, 3:29 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Since your landlord accepted the late rent payment he/she/it cannot win in court and will lose the case if you go forward. Contact your landlord and ask for the case to be dismissed or risk having to pay your court costs and attorney's fees.

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Answered on 6/17/14, 3:34 pm


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