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

Asked 5 months ago - San Jose, 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 (3)

  1. Ronald A. Cabanayan

    Contributor Level 12

    Answered . If there was never a notice posted, mailed, or personally served, then I'm not sure how you know that there is a UD action pending. However, notice is a requirement. I suggest you see a landlord/tenant attorney who can advise you accordingly. There are many in the area who will give you a free or low cost initial consultation.

  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.

  3. Gary Ralph Ilmanen

    Contributor Level 19

    Answered . A demurrer is not appropriate. A demurrer says, "Even if everything you say is true, you have no cause of action. " You need to oppose the UD based upon lack of service.

    I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a... more

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