Legal Question in Landlord & Tenant Law in California

Late (1 day) on filing answer althought I'm not on lease

Took over a flat as a sublease, want to file an answer, deadline was today. I am willing to move but need a little time and also want to have my name taken off the eviction...What do I do now? File what? Help!


Asked on 9/27/05, 8:06 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Late (1 day) on filing answer althought I'm not on lease

File the answer. Then call the lawyer for the landlord and see if he'll negotiate a delayed lockout, usually in exchange for some payment of rent.

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Answered on 9/27/05, 8:12 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Late (1 day) on filing answer althought I'm not on lease

we would need to hear more facts before more definite action can be recommended. however, based on the facts so far, you definitely want to file a motion or answer, if you have in fact received a complaint/notice. you may want to have an attorney do that for you, and/or speak with the landlord's representative in negotiating more time to allow you to move out properly. finally, you may have very strong defense rights here, if you are deemed a subleasee rather than an assignee on the "eviction notice". contact us today with more facts for further assistance.

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Answered on 9/27/05, 8:16 pm


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