Legal Question in Landlord & Tenant Law in California
Unlawful Detainer contains false information
on 08/26/05 I was served a summons-Unlawful Detainer, throughout the entire document there are fictious statements, outright lies, incorrect dates all of them being submitted under penalty of purjury. In light of my findings I found no other recourse than to file an answer and go before the judge. I have paid $300 in filing fees which I am hoping to recover. I am in default of our oral agreement as of 03/2001, I have not paid rent for 08/2005 and am now past due for September. I havent payed since inquiring about deposit that was submitted with original rental agreement, (property was subleted to me and since that time the original leasee has passed away) her reply if the executor of the estate took her to court she probably would end up having to return the money. I was originally told it would be returned to me as long as the rental was clean. At the same time I was informed that the original agreement was destroyed, I was shocked it was included with the summons. Throughout summons are false statements re: posting a 30-day, never happend, a verbal and written notice, never happend, false info re: my relationship with the deceased, among others. All under penalty of purjury. Was it a waste of $300 to file an answer?
2 Answers from Attorneys
Re: Unlawful Detainer contains false information
You are being evicted for failing to pay your rent and you have not provided any legitimate reason not paying the rent. While the lawsuit may contain false information, the landlord will likely win. Not only did you waste the filing fee, you will likely have a judgment against you for the past due rent and a black mark on your credit rating because of the eviction lawsuit.
Re: Unlawful Detainer contains false information
If you believe that you are legally entitled to remain at the property, then go to trial (or negotiate a favorable settlement), present a preponderance of evidence to the court, and hope the court rules in your favor.
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