Legal Question in Real Estate Law in California
What happens after tenant files a 'Demur' to a unlawful detainer?
In Jan. 2000, we sent the landlord a list of items needing repair or replacement. Rent was current as of Dec. 99. We didn't pay any more rent. We were visited by rep of L.L. in Jan 01. Told to pay rent. Replied- fix stuff!. Sent 2 mo. Rent with updated list of problems in Jan01. In Oct 01 received 3 day pay or quit - $7500. (10 mo. rent).Then (Before 3 day's up) found Unlawful Detainer stuck in door. Filed 'Demur'. Complaint uncertain and ambigouos. What happens now? Do we need to do anything for this hearing? (other than show up). What if Denied? Can we still file answer to U.D.?Help!! Court date 10/24.
2 Answers from Attorneys
Re: What happens after tenant files a 'Demur' to a unlawful detainer?
You should prepare an answer immediately, rather than a demurer. If you have a legitimate reason for withholding rent, you need to present it. You also might have the right to make the repairs yourself, and deduct the cost from the rent. A lot depends on what you are asking for.
Re: What happens after tenant files a 'Demur' to a unlawful detainer?
The court will either grant the demurrer, in which case the plaintiff will have to amend the complaint, or the court will deny the demurrer and give you a short time in which to file an answer. Then the case will be set for trial.
You should prepare for the hearing on the demurrer by reviewing the papers filed by the plaintiff. Be prepared to show how your case facts are different than those of the cases cited by the plaintiff.
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