Legal Question in Landlord & Tenant Law in California

I moved out Dec 2010 notified Landlord verbally and written. My daughter stayed behind. Served with eviction summons (she failed to pay rent) that still has my name on lease. Landlord failed to disclose death in apt. How do I file response.


Asked on 1/31/11, 3:27 pm

1 Answer from Attorneys

There is a standard form answer to an unlawful detainer complaint. http://www.courtinfo.gov Just so you know, there is no mandatory disclosure requirement about deaths in residential housing. They can't lie if asked, but if you didn't ask, and the death was 5 or more years ago they are absolutely in the clear. If it was less than five years, in most cases it would still need to be a particularly gruesome or notorious death inorder to require disclosure. If an old person just died there in their sleep, you probably have no defense. Lastly, even if the death warrants cancelling the lease, you're still liable for rent until you vacate. So as long as your daughter stays or stayed there, rent is owed, unless they actually lied about the death and you have a fraud defense.

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Answered on 1/31/11, 3:43 pm


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