Legal Question in Landlord & Tenant Law in California

ShelterPlusCare=Eviction

I live in a government subsidised privetly owned building. im facing eviction. my affimitive defense is in 6 parts. my interest is in knowing if one of my answers is enough to dismiss this eviction. i stated ''the complaint is defective adn fails to state a cause of action for any claim upon which plaintiff is entitled to relief, pursuant to code of civil procedure section 1166, because the complaint does not attach a copy of the leases nor does the complain allege a valid reason that the leases are not attached.'' is this enough??


Asked on 9/07/05, 11:10 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: ShelterPlusCare=Eviction

No, this is a minor procedural defect and the court will not dismiss the lawsuit. Civil Code � 1166(c)(1)(B) lists 3 exceptions to the rule about attaching a copy of a lease to the lawsuit: (1) if the lease is oral; (2) if the lease is missing; or (3) if the eviction is based solely on the failure to pay rent.

Civil Code � 1166(c)(2) states that the Court must have the landlord leave to amend the lawsuit if they fail to attache a copy of the lease. The most that you might accomplish with this defense is a BRIEF delay in the trial.

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Answered on 9/07/05, 11:21 pm


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