Legal Question in Landlord & Tenant Law in California

I was late paying rent and recieved a 3day pay or qui on a Friday Aug 6th, 2010. Clearly maked on the notice was the normal hours and days when rent can be paid. (Written in Mon-Fri 9am-5pm) Tuesday I went into the PM office to pay in full and my rent was refused. upon reciveing summons, I answered to the court with in 5 days. I was not able to send copy of answer to plantiff. I addressed both Atty and property manager and both were not cooperative when contacted for information to serve ANSWER to Unlawful Detainer. I did file with courts in time and meanwhile plantiff filed for entry by default. Now what?


Asked on 8/27/10, 10:15 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Check wilth the court clerk as to when they stamped your answer as being received; i fit was within the 5 day period of time [do not count first day got summons ]then you should be ok. Ask Clerk what the status of the default request is. Sending a copy of the answer to the attorney is sufficient service as the attorney is supposed to accept all papers for the clients.

Call the attorney [or write if you feel you will be intimidted] and ask him to dismiss with perjudice the lawsuit. To calculate the three day period of time, you do not count the first day. It could be argued that in general Saturday and Sunday would not be counted because you would not be able to talk to legal counsel on the weekend. But in your case it does not matter as the management office is closed so you could not tried to pay them during those first two days anyway. You are not being given three full days to act when the first two are non-work days.

The law requires that you tender payment in full to the landlord orhis/her representative. That means telling them in person you want to pay and have the funds currently available. Whether or not they accepted you money does not matter. You complied with the three day notice; the attorney should not want to hurt his reputation by having the judge throw the case out.

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Answered on 9/02/10, 8:47 am


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