Legal Question in Real Estate Law in California
Defendant is legally insane
One of my trainees was served an unlawful detainer complaint. He happens to be in a federal program for individuals who are legally insane. Can the landlord just do this? He did not even sign for the lease. My company holds the lease to the premises. Trial is scheduled for Sept.4, 2001. Please let me know how to go about this.
1 Answer from Attorneys
Re: Defendant is legally insane
Yes, the landlord can do it. Insanity per se is not a reason not to stand trial in a civil matter. Insanity may be a defense at trial to an action on a contract, if the defendant lacked legal capacity to make the contract. However, the detainer action is not directed at the contract (the lease), it is directed at your trainee's possession or occupancy of the premises.
This is not to say that the lease is immaterial. Indeed, its terms will probably affect the outcome. I'm only saying who signed it and that person's capacity are not issues. The issue is whether the trainee's occupancy of the premises is lawful.
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