Legal Question in Landlord & Tenant Law in California
unlawful detainer
should i file an answer unlawfuldetainer? my significant other passed away. house was sold at auction. i am not listed as a defendant on the summons. i would like to just get a couple more weeks before i have to move. i really dont know what to do
1 Answer from Attorneys
Re: unlawful detainer
If they served a Prejudgment Claim of Right to Possession, then you should complete that and you would be added to the case. Then, you would have some additional time to answer. If not, you can decide whether to take the risk that when the sheriff shows up tell them you're not on the lease nor are you on the writ of possession, so they might have to start all over or the sheriff could try to evict you, anyway.
Of course, you can do the honorable thing and call the attorney for the new owner and ask to stay a couple of weeks, perhaps by paying some rent for the privilege.