Legal Question in Landlord & Tenant Law in California

I was served a unlawful detainer. with my name and my fathers name on it. My father moved out 2 years ago when the lease was up. They know this but made a mistake and should have put my boyfriends name. My fathers name is Charles Savage and my b-friends name is Charles Lutz. My question is, how do I fill out my answer? Leave out fathers name and insert b-friends or just my name?


Asked on 12/15/14, 5:43 pm

1 Answer from Attorneys

John Molina Jr. Law Offices of John Molina

It might not have been a mistake on the part of the landlord to include your father in the unlawful detainer complaint. If the lease or rental contract had your and your father's name on it would be one reason why the landlord would include him in the complaint.

When addressing the question of the response to the complaint, you need to assess what is the purpose in defending the action. Is it because you believe you have valid defenses to the complaint? Is it because you believe the landlord filed the complaint without merit and should be dismissed? Or are you just seeking extra time to locate replacement housing? Answering this question will give you a better idea of how you should handle your response to the unlawful detainer complaint.

You need to speak to an experienced attorney in the field of landlord-tenant and real estate law. One that will inform you of your rights in your particular matter and provide you with the personal attention you need. If you are interested in speaking to an attorney that will do just that, please call us for a no-obligation consultation with an attorney at (888) 790-5053 and/or visit our website at www.coronacalawyer.com.

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Answered on 12/15/14, 6:39 pm


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