Legal Question in Landlord & Tenant Law in California
Notice of filing an unlawful detainer case
Yesterday, I received in the mail a notice of filing an unlawful detainer case. I have been behind on my rent since October 2008 and the onsite management and owner have been accepting $300 to $400 every two weeks. I was advised by the onsite manager that the owner decided to open up a file and send it to their lawyers. So, she contacted the lawyers and was advised it is up to the owner to wait on the file. Then she called the owner and she was advised it depends what I can come up with to stop the filing.
Basically the onsite manager says that it depends on how much I give to determine if the file can be placed on hold and be placed on a written payment arrangement.
So, I wanted to know what happens now that I have a notice of an unlawful detainer case.
4 Answers from Attorneys
Re: Notice of filing an unlawful detainer case
Some of your remarks are a bit confusing. From what I understand, the landlord has filed an unlawful detainer action against you for unpaid rent but may be willing to work out some type of payment plan wlith you.
You had to have been personally served with a three day notice stating that if you did not pay your rent within 3 days you would be evicted. If the landlord directly or through his agent the manager accepted any payment from you that would normally make the 3 day notice void; have the manager find out if the landlord will drop the suit. If not, then you need to file an answer alleging "accord and satisfaction" [he agreed to take less] and tell the landlord it is harrassment to go forward with a legally baseless suit.
I will finish my answer later today; I need to get somethng else done.
Re: Notice of filing an unlawful detainer case
If you do not respond in 5 days from the date of service, everything they allege is taken as true by the court, you go into default, and they proceed to judgment, possession, and eviction. Let me know if you want my help.
Daniel
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Re: Notice of filing an unlawful detainer case
The proper content and legal service of a Three Day Notice to Pay Rent or Quit is the jurisdictional basis of an unlawful detainer (i.e. eviction) action. The Summons and Unlawful Detainer Complaint must also be served upon you to start the five (5) day response time for you to file your formal court Answer to the Complaint and for you to raise all your affirmative defenses. One way you can determine whether an eviction action has been filed against you is to go to the court for your part of the county and see if a new complaint has been filed against you as a Defendant. I'd do that right away, and if one has been filed I'd get a lawyer or go to Fair Housing right away.
Re: Notice of filing an unlawful detainer case
The other answers you received are also correct. But before you do battle with your landlord, flind out if the two of you can resolve the issues, but have any agreement in writing so he later can not deny parts of it.
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