Legal Question in Landlord & Tenant Law in California

An unlawful detainer was filed on May 18, 2010. I vacated the property on May 31 and sent a certified letter to the law firm representing the plantiff. Should I file an answer


Asked on 6/07/10, 8:45 pm

3 Answers from Attorneys

Mark Storm Law Office of Mark Storm 916-739-8552

Once you vacate the property, an unlawful detainer action is no longer proper and should be dismissed or converted into a regular civil case because possession of the property is no longer in dispute. Ask the attorney for a dismissal or for a written stipulation to convert the case out of UD to general civil. If that doesn't work, then I would file a UD answer to prevent an eviction judgment on my record.

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Answered on 6/08/10, 12:06 am
Mark Storm Law Office of Mark Storm 916-739-8552

After filing an answer, you might follow up with a written motion to convert the case.

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Answered on 6/08/10, 1:22 am

You need to file an answer. The unpaid rent portion of the case survives you moving out. That is why you need to answer and then have it converted to a regular case unless you are prepared to just pay everything they demand, in which case they would dismiss the whole case.

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Answered on 6/08/10, 9:20 am


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