Re: answer to eviction summons

The first problem you face is that a security deposit is not equivalent to cover unpaid rent, as far as you are concerned. While landlords use the deposit for unpaid rent, you are still required to pay the last month, so you are a candidate for a proper unlawful detainer (eviction).

Service can be personal, or by posting on the door (so-called "nail and mail") and the court allows an extra five days for late delivery of mail. Also, even if there was a mistake made as to the notice, these can be corrected.

Filing a waiver as to court fees is, of course, acceptable, but immaterial as to a defense. That is, you owe rent, and, for whatever reason you can't afford it, is still your problem, and not that of the landlord.

You should file an answer as a general denial, which will buy you a little more time. However, you do owe for the last month, and the landlord will have spent considerable money filing for eviction.

Your credit report will be severely damaged by this, and you'll have almost no ability to rent again, unless you have a cosigner.

Whether landlord is angry or not, is immaterial....and filing a motion to quash, etc. is merely delaying the inevitable.

I would highly recommend negotiating with landlord, get out ASAP and move before this situation hits your credit report, and find some way to repay him.

Your finances are in a mess, and complaining that a service was improper amounts to bringing a toothpick to a duel with swords.

Good luck!

Re: answer to eviction summons

I agree completely with Mr. Bennett's detailed advice. Sounds like you owe the back rent and are out of funds. You should negotiate with the Landlord to spare your long term credit.