Legal Question in Landlord & Tenant Law in California

I was served with summons for unlawful detainer. I have moved out. What do i do now? I dont have money to file for unlawful detainer case. Deadline for response is couple days away.


Asked on 11/12/14, 9:44 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I would suggest that you seek help from a self-help center that many courts have, or a low-cost (or even free) tenants' eviction defense clinic nearby. You must file with the court an answer five days from the date you were served. There are forms you could download and complete on the Judicial Council's website. In that answer, you would generally deny the allegations, and raise appropriate affirmative defenses, including the fact that you've surrendered possession of the premises. When you have a friend serve by mail a copy of the answer on the landlord's attorney, you might include a letter advising that you've moved and the date you did so. If you still have the keys, you can include them in the envelope (keep a photocopy). Perhaps the landlord will dismiss the case, unless the landlord wants to pursue rent owed. Still, that should become a normal collection case and should no longer be on the unlawful detainer fast-track calendar.

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Answered on 11/14/14, 2:28 am


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