Can demurrer be filed? Gay tenant harassed. UD filed for rent non payment. No 3 day notice ever door posted. No service done.

Asked 7 months ago - Laguna Beach, CA

Can demurrer be filed? Gay tenant is harassed by landlord who retaliates.

Landlord files UD for rent non payment. However landlord never posted 3 day notice at the door.

:Landlord has track record of cheating. No service attempt has been done in 4 days.

Tenant is concerned that landlord will request judgment and thus be evicted and would like the whole UD case dismissed and have the landlord start all over.

Can a demurrer be filed? What does the demurrer need to say? Thank you.

Attorney answers (2)

  1. G. Michael Brelje

    Contributor Level 10


    Lawyer agrees

    Answered . Concerning the lack of service issue: you could file a Motion to Quash and make a special appearance, but you may want to consult with a landlord/tenant attorney in your area to assist you with the preparation of the motion and/or to see if you can negotiate paying rent in order to avoid the time and expense of litigation.

    Regarding the Demurrer, that is a complex issue and more facts are necessary in order for a lawyer to provide you with advice. There are various grounds for a Demurrer to be filed (i.e. Uncertainty, Failure to State a Cause of Action, etc.) but nobody on Avvo can tell you what to "say" in the pleading. If there are facts regarding retaliation that can be asserted in the Answer, proven at time of trial, or alleged in a separate Complaint (as no Cross-Complaints are allowed in Unlawful Detainer actions).

    The information provided herein (i.e. answers and/or recommendations to questions posted on this forum) is for... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . I am not sure what your sexual orientation has to do with it. Apparently, your landlord believes you have not paid rent and is now trying to evict you. If you did not pay rent when it was due, your being gay will probably not be a good defense.
    Contact a local landlord tenant attorney for help.

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