Legal Question in Landlord & Tenant Law in California

A friend of mine received an unlawful detainer notice in Santa Clara County, CA. that stipulates she must file a response with the court within 5-days. The reason for the detainer is due to nuisance/noise complaints. She has stated that she doesn't want to live there anymore and would like to settle the matter out of court. The unlawful detainer suit states that the landlord wants forfeiture of rental agreement and attorney fees. My friend simply doesn't want this case on her credit/rental history report. Rent for the entire month has already been paid, however my friend would be more than willing to move out before the end of the month with approx 2 1/2 weeks still left in the month. If the landlord/lawyer were willing to accept a deal for her to move out, does she still need to file the detainer response form with the court? And furthermore, is there anything she should know before negotiating with the landlord/lawyer for a settlement?


Asked on 4/12/12, 8:56 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

She or an attorney should file and serve by mail an answer within the 5 days specified. She will be in a better position to negotiate if she does. She or the attorney can then attempt to negotiate with the law firm. She will not want a judgment on her credit report because that will make it difficult to find another place to rent, so that should be one of the terms of any agreement.

If she cannot afford the court's filing fee, there is an application for a fee waiver that she can complete.

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Answered on 4/12/12, 6:14 pm


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