California | Landlord & Tenant Law
Legal Question
Response to Complaint - Unlawful Detainer
We have been served with an UD complaint. On both the complaint and the 60 day notice served previously, the legal name of one of the parties served was not used, the abbreviated use of the name was (for instance Jim instead of James). In addition, there is a business being run from the property (with the owner's knowledge and consent) but the business was not listed on the complaint. Do we bring up these issues in the response? Might these issues cause the owner to have to start over and have to serve another 60 day notice? The (now deceased) father of one of the tenants told her she could live there as long as she wanted to rent free. She's been there since 1981 and now her mother is trying to kick her out (the father died in 1986) because the mother got mad at the daughter. Since there was never a written agreement, does the fact that she's been there all these years rent free without previous interference of any kind back up that agreement? Can it be used as a defense in the answer to the complaint? Thank you in advance for your time.


