Tenants countered my eviction. What is my next step? Should I hire a lawyer?

Asked about 1 year ago - San Jose, CA

Tenants countered my summon/complaint with a UD-105/Answer Unlawful Detainer. Tenants claim that they did not received the 3 day notice to pay or quit before they were served the summon. I personally taped it on the front door and sent a first class mail. They also claim that they are protected under the Civil Relief Act because their son who is one of the named defendant is in the military. Tenants have not paid for four months. Will the court of law protect them from being evicted because the son is in the military?

Attorney answers (2)

  1. Douglas Whitney Weitzman

    Contributor Level 13

    1

    Lawyer agrees

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    Answered . This is a tougher case than usual. If the son was on the lease, and is now in the military, I am not sure how he was served. Sub-service should be ok, but courts are kind of leary to evict military.

    But that does not give these people the right to not pay rent. The law is intended to help in most other cases, but not rent. There are 2 capable people that could pay rent. I would want to know why they can't pay the rent. I guess now that they filed an answer, you will be going to court.

    I would hire an attorney if I were you, but the judges in these courts are somewhat lenient on formal discovery and rules of evidence. Bring all your documents and show proof of non-payment of rent. The court should rule in your favor. Not paying rent is not an excuse ever, even in most cases if you don't fix things. There are other remedies for that.

    Good luck.

    This is general legal advice intended for informational purposes only and does not create and attorney/client... more
  2. Cheryl Rivera Smith

    Contributor Level 20

    Answered . Is the son a tenant on the lease? If you don't feel confident to argue for yourselves, you should hire an attorney.

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