Legal Question in Landlord & Tenant Law in California
california landord accepts rent after expiration of 3 day notice received summons how do I respond demurer or notice to quash
Asked on 2/19/10, 10:17 pm
2 Answers from Attorneys
Neither, you file an answer denying the allegations of the complaint and raising acceptance of payment after the 3-day notice as an affirmative defense.
Answered on 2/24/10, 10:36 pm
James Bame
San Diego Law Office
File an Answer within the 5 day frame. The acceptance of rent after the 3 day notice is a defense if the check was cashed. This office can review the pleadings and prepare an Answer for a reasonable fee. There are other technicalities to look for. We have been successful in many UD cases. Contact me directly.
Answered on 2/25/10, 10:50 am