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Should I file a Motion to Quash if I was out of town and person there feeding pets was served while walking to his car?

Antioch, CA |
Filed under: Landlord-tenant law

I didn't return until 4 days later. Is this a reason to file Motion to Quash?. Also, daughters name is on the UD and she moved out a month ago ..I didn't want her on the lease..upon move in I explained to landlord that daughter would be moving to her own place soon and wouldn't be responsible for any of the rent. Landlord insisted on adding her to lease. I notified landlord when she moved out in Dec...via email which is our usual means of communication. Is this a reason to file Motion to Quash? I have copies of sent email.

And long do I have to file a Motion to Quash and what is the process?

Thank you!.

Attorney Answers 4

  1. You can file a Motion To Quash service however this would only delay the inevitable. The landlord will just re-serve you. You may want to invest your time and energy fighting the UD, getting your daughter out of the case, and/or settle with the landlord. There are not sufficient facts here about the UD itself to advise you further. You may want to consult with a UD attorney. I have added Lndlord / Tenant to your categories. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  2. I agree with Attorney Allen on this issue. It may also drive up the court costs the landlord will be entitled to recover if they prevail.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

  3. You should get an answer filed before a default is entered. See an eviction defense atty asap. If daughter is on lease, she needs to be evicted. If you have letter/email from LL agreeing to remove her from lease when she left, then she shouldnt be on the UD.

  4. The presence of your daughter is not a good reason to move to quash. Your landlord wanted two people responsible for the rent. Unless someone has taken her place with his permission or knowledge, she is still liable for the rent. She should file her own answer stating that she is no longer in possession of the premises.

    Service must be on a "competent member of the household." As Ms. Allen states, you only want to move to quash if you are already in default. Otherwise, call the landlord or attorney and set a date for your answer.

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