Legal Question in Landlord & Tenant Law in California

Can I get out of an eviction and ruining my credit doing this? I was served with unlawful detainer summons on 10/30. The summons said I had 10 days to respond, I called the court and they said I have 15 days to respond. 15 days from 10/30 would be 11/14. I can move into my new place on 11/13. I was thinking if I wait and move on 11/13 then on 11/14....what do I do? Do I pay a filing fee and become the defendant in the unlawful detainer suit and then tell them I'm no longer at residence? Or do I somehow tell the court on 11/14 that I am no longer at the residence, how do I do this? Or do I tell the landlords lawyer all this right now? I know I need to do something on 11/14 or else they get the default judgement, but what do I do? Thank you for any help


Asked on 11/05/14, 11:36 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You have to file an answer or other responsive pleading to prevent the entry of your default. I suggest you inform the landlord's lawyer that you are moving out, but I urge you not to ignore the unlawful detainer eviction either. You need to keep track of the case and file an answer with the court in a timely manner to prevent your default. Once you have moved out of the property, you can inform the court that you have moved and the case converts to a regular civil case for any dispute over rent owed.

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Answered on 11/07/14, 1:54 am


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