Legal Question in Real Estate Law in California
landlord/tennant
recently I was evicted from my apartment for letting some friends who were displaced from the fires stay with me for a few weeks until they were able to get an apartment. The manager was aware of them and allowed them to stay, I went out of town and when I returned I was being evicted. I argued but to no avail, the property manager was belligerent, disrespectful and continuously shouting at me when I tried. Reluctantly I moved. Before I left, I submitted a 30 day notice and a check to cover the last months rent, it was returned and I was told if I leave I would be pursued legally. To make a long story short, I did everything I was required to do according to the lease, and the agreement of the condition of the apartment when I moved in and I am still getting sued. Not only that, I am afraid for my safety regarding the property manager and her husband, I have sworn affidavits fom people who have fell victim to her wrath. So, what are my options?
1 Answer from Attorneys
Re: landlord/tennant
When you are sued, your options are to file and serve a proper responsive pleading, or not.
The most common responsive pleading is an Answer, but there are others. The time to respond is often 30 days, but with real-property leases the landlord's suit against the tenant or former tenant is usually an Unlawful Detainer, which has a five-day response time. If you have completely moved out, that is a defense to an unlawful detainer suit, since you are not "detaining".
In addition to answering, you can also, at the same time, file a cross-complaint if you have charges you want to bring against the landlord. The right to cross-complain in an unlawful detainer action is questionable.
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