Legal Question in Landlord & Tenant Law in California

Re: Unlawful Detainer Lawsuit

Contact the lender's attorney and tell them you've vacated the property. Provide the name of the tenant(s). They'll then serve the tenant with a 30- or 60-day notice. They might want proof of your residence just to ascertain that you're no longer there. They might then dismiss you from the lawsuit. If you can't work it out within 5 days of service on you of the lawsuit, then go ahead and file an answer, and raise the affirmative defense that you're no longer in possession of the premises. (Courts have filing fee-waiver programs if you qualify.)

Many courts have volunteer attorneys or paralegals to help unlawful detainer defendants complete the paperwork. Check at your local courthouse and in your local phone directory (or internet).

Re: Unlawful Detainer Lawsuit

You should unless you want a judgment entered against you. It could be a clerical mistake on the part of the bank, the law firm handling the eviction, or more likely than not, they are taking the position that these are your tenants who are refusing to leave. Call an attorney right away as you have a very very short time frame (five days) in which to respond to the lawsuit.

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