Legal Question in Real Estate Law in California
I am a landlord trying to a evict a tenant who has not paid rent. The tenant filed a demurrer against my unlawful detainer. However, the judge overruled the demurrer. Can someone explain what happens next? The letter from the court stated that the tenant had 5 days to reply. What happens if they reply?
Thank you.
2 Answers from Attorneys
The tenant has five days to reply by filing and serving his/her answer to the UD complaint. As an alternative, a very aggressive or experimenting tenant might challenge the judge's ruling overruling the demurrer by filing for a writ of mandamus. If the tenant's next move is anything other than a timely (and reasonable) answer, I'd recommend retaining an attorney.
If the tenant timely files an answer, then you will proceed to trial on the issues. You need to keep track of the five (5) days, and be careful in a situation where it runs from notice of the ruling, which will give the tenant five (5) extra days where the notice was served by mail.
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