Legal Question in Landlord & Tenant Law in California

Unlawful Eviction Six Years Later

I have a friend that legitimately moved out of his apartment more than six years ago. He signed papers at the management office meaning he gave the required 30 days? notice. He was living with three other roommates. Those roommates, months after he moved out, failed to pay the rent. All four received eviction notices. Since he lost contact with these roommates, he never knew he received these papers. Recently, a Sheriff?s officer showed up at his place of employment with papers saying he has a judgement against him for the unpaid rent in addition to interest accrued for the last six years. The papers say his wages will be garnished. He does not have any copies of the papers he signed in the management office stating that he moved out when he did six years ago. Would he be able to file an unlawful eviction this later in time? If not, then what could he file aside from a demurrer as the final judgement for a writ of execution for interest accrued was entered into a few months ago?


Asked on 4/28/06, 9:02 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Unlawful Eviction Six Years Later

If your friend never obtained a ''release of lease'' from the landlord, he may have a problem. If he was a month-to-month tenant, then he may be able to overcome the problem. But your friend will still need a lawyer to set aside the judgment (if that can be done this late) and proceed to defend the case based on a waiver. Good luck.

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Answered on 5/01/06, 11:43 am


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