Legal Question in Landlord & Tenant Law in California

unlawful detainer

How soon and where do I file for a request for dismissal in Sacramento county? The landlord kept my deposit so that means it is paid off. How do I get proof of payment?


Asked on 5/12/09, 4:38 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: unlawful detainer

There really is no such thing as a request for dismissal unless the landlord (plaintiff) is the one filing it. You will either have to defend the case on the basis that the landlord has been made whole by keeping your deposit, or alternatively, you can contact the landlord and discuss the fact that he has received the money he was demanding, and ask that he dismiss. The later is not real likely. One other issue is that if you did not file an answer to the Unlawful Detainer complaint, it is likely that the landlord may have already obtained or will obtain a default judgment.

I would suggest that you need to have an attorney review this matter and help you determine what has transpired thus far, and where you stand. There are so many possible permutations of this that it is impossible on this forum to guess what you need to do next to protect yourself.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/12/09, 5:05 pm


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