Legal Question in Landlord & Tenant Law in California

Response to Complaint - Unlawful Detainer

We have been served with an UD complaint. On both the complaint and the 60 day notice served previously, the legal name of one of the parties served was not used, the abbreviated use of the name was (for instance Jim instead of James). In addition, there is a business being run from the property (with the owner's knowledge and consent) but the business was not listed on the complaint. Do we bring up these issues in the response? Might these issues cause the owner to have to start over and have to serve another 60 day notice? The (now deceased) father of one of the tenants told her she could live there as long as she wanted to rent free. She's been there since 1981 and now her mother is trying to kick her out (the father died in 1986) because the mother got mad at the daughter. Since there was never a written agreement, does the fact that she's been there all these years rent free without previous interference of any kind back up that agreement? Can it be used as a defense in the answer to the complaint? Thank you in advance for your time.


Asked on 6/12/09, 2:31 pm

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Response to Complaint - Unlawful Detainer

The answers to your questions depend on all the facts. Since the landlord is serious and taking legal action, the best way to defend is to retain an attorney. An attorney can advise what strategies are available to delay (yes, there are strict rules for how a landlord must proceed), to defend on the merits, to negotiate, and to explain all the legalities and all your options. This is a time sensitive matter, so if you are serious in properly taking care of this matter, please contact me without delay. I provide free, no-obligation consultations.

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Answered on 6/18/09, 7:53 pm


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