Legal Question in Real Estate Law in California
I'm being sued by landlord.
I recieved a summons by my landlord. It said that I have five days to file a typewritten response at that court. It also said my response must be in proper legal form if I want to be heard by the judge. My question is how to I respond by proper legal form? I can't afford to hire an attorney. I have to do this myself. What is legal form?
1 Answer from Attorneys
Re: I'm being sued by landlord.
"Proper legal form" would include double spacing on "pleading paper" (vertical rules at margins, numbered lines) and a caption at the top of the first page identifying (at the right) the case number and nature of the document, and (at the left) the identity of the parties. There are other requirements. You may have seen examples of legal pleadings on TV or other media news stories about the election, etc. Many courts will relax the formal requirements to some extent for a self-represented party (in pro. per.). It is also necessary to serve a copy of your filing on the other party and attach a formal proof of service. Detailing all the requirements in a LawGuru reply is not practical.
If you can't afford an attorney you can see legal aid (check local phone books) or use a tenant's self-help law book. Your public library may have one.
Your landlord's action is probably an unlawful detainer action, and unfortunately it seems that the five-day response period may have passed by the time you get this (I believe Saturday and Sunday count but that Christmas Day, Monday, is not counted). If you are unable to file an answer in acceptable form, your best shot may be to negotiate with the landlord, especially if his reasons for terminating your rental are unsound. If the landlord has good reason to evict you, filing an answer may be useless anyway because you will eventually lose.