Legal Question in Real Estate Law in California

someone filed an sc-100 against me for rent not paid, but neither my name nor the name of my small business was on the lease. is there any chance i can be held liable anyway?


Asked on 1/06/14, 7:43 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is hard to answer without some idea of why the plaintiff put your name on the Small Claims form. You probably have some connection with the lease, since you know what names are on it. Maybe you are an assignee? Did you buy the business and change the name? Have you paid the rent in the past? Have you discussed this with the person whose name is on the lease? I strongly suggest that you (at least) show up in court to hear what the plaintiff tells the judge and to be able to present your defense. In addition, assuming you know the "someone" who filed the claim, you might consider discussing it with that person, especially if you believe an error has been made.

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Answered on 1/07/14, 3:02 am
Anthony Roach Law Office of Anthony A. Roach

A written lease is not required to establish a tenancy. Occupation of the premises in exchange for rent is all that is required. If that fits you, then that is why you are named as a defendant.

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Answered on 1/07/14, 6:45 am


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