Legal Question in Landlord & Tenant Law in California

Unlawful detainer-eviction

I Have not paid my 925.00 rent for the month of july. Have given check to pay half the rent, and let the landlord keep half the deposit of 800. The landlord verbally agreed to this payment, and the deposit. He then returns the check stating its not enough. Now he has filed a unlawful detainer. My roomate even gave the landlord 30 days notice last month. 15 days later and we are served a summons. He even has fake copies and rewritten 3day notices. I still plan on leaving the state on the 1st of august, but am concered with my remaining deposit, and his unlawful detainer filing. I have 2 days left to ''answer''. Please advise


Asked on 7/28/05, 3:19 am

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Unlawful detainer-eviction

You should answer the complaint and fight the landlord. You may ask the court for a fee waiver if you can't pay the filing fee of $140 or so. How long did the landlord keep the check for?

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Answered on 7/28/05, 11:05 am
Gregory Broiles Legacy Planning Law Group

Re: Unlawful detainer-eviction

Since you are planning to leave the state, it may be economically more advantageous to walk away from the situation rather than fight. However, the downside of doing that is that you may end up with a large judgment against you and/or negative entries on your credit report and tenant report.

If your rental agreement provided that the landlord is entitled to attorneys' fees in a successful action, then you are also entitled to attorneys' fees if you are successful in court, which makes it easier to find an attorney willing to work on your case without needing money from you up front. In California, a court judgment is good for a period of 10 years, can be extended for another 10 years, and interest accrues at a 10% rate on unpaid judgments.

If you have damaged the apartment - or if the landlord claims that you have damaged the apartment - you may end up owing money, if the remaining deposit (after paying for damage/cleaning) is not enough to cover the rent.

Please feel free to call me at 408-834-8511 if you would like to discuss the situation further.

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Answered on 7/28/05, 2:55 pm


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