Legal Question in Real Estate Law in California

Answering an unlawful detainer served after we moved out

We moved out Thursday, August 23rd, and a neghbor called us on August 25th to say that a notice had been posted on the door. It was an Unlawful Detainer Evicition Notice. I dont know what to do now. Messages were left with the landlords realtor, Thursday, Friday and Sat. that the house was vacated and also a letter sent to the owner. Do I need an attorney to respond? This occurred in Los Angeles - Northwest District, Van Nuys. Thank you.


Asked on 8/28/07, 1:33 pm

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Answering an unlawful detainer served after we moved out

You probably don't need an attorney, but you do need to file an answer ASAP.

Get the unlawful detainer paper work, and it will tell you to file an answer in five days. Do not ignore this.

Read it, and answer according to instructions.

You may, or may not, have to go to court. If a trial is scheduled, and your answer is filed, just tell the judge that you had already moved out, and the case will be dismissed.

If you need more, e-mail, or call my office.....but FILE AN ANSWER.

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Answered on 8/28/07, 1:40 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Answering an unlawful detainer served after we moved out

Did you send or deliver the keys?

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Answered on 8/28/07, 2:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Answering an unlawful detainer served after we moved out

The lawsuit is now moot, but nobody but you knows that unless you answer and deny that you are unlawfully detaining the property.

The Answer can probably be filed on Judicial Council Form UD-105, available at the courthouse or on line at www.courtinfo.ca.gov.

Read the form very carefully before starting to fill it out. Notice Box 4a where you can indicate that you moved out. You may still be liable for money damages incidental to having stayed beyond your eviction or termination date.

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Answered on 8/28/07, 3:22 pm


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