Legal Question in Real Estate Law in California

being sued & don't live there

shortly after my boyfriend of 2 years had rented a new house, he had a very much so...unexpected legal situation sent him to prison!! well since this i have been doing all the packing of my boyfriend's belongings in his house and storing them. his landlady & i have had talks in regards to what i was doing for him and anything else of this nature of my progress in moving his things out of her rental. now, last week as i was at his place packing more of his things i get served a summons & complaint of unlawful detainer for his eviction from the place...and on these forms I notice that my name is ALSO included in as being a defendant along with his name!!! I do not nor have not lived at this house!! I wasn't present at the time the house was shown to him nor when he filled out the rental application and nor when the rental agreement was signed by him!!! as a matter of fact...i hadn't even met his landlady until all of this unfortunite situation of my boyfriends took place!!! what can i do to maintain my good credit record of no evictions or debt owed? and shouldn't my boyfriend be served his papers to him in prison? or doesn't he get too defend himself in this situation since he is locked up?


Asked on 8/13/02, 7:20 am

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: being sued & don't live there

Your boyfriend is entitled to service and legal process. It does not have to be upon him in prison. It can be by substituted service. You can best protect your rights by filing an answer and defending the case if the landlord is unwilling to dismiss the case against you. You can only be held responsible for rent for time you spent in possession of the premises, the nature of which prevented the landlord from regaining possession.

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Answered on 8/16/02, 2:48 pm
Larry Rothman Larry Rothman & Associates

Re: being sued & don't live there

You need to answer the complaint in order that you don't get a judgment against you and be reported to the unlawful detainer registry. Please call me for free consultation.

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Answered on 8/13/02, 9:05 am


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