I received an unlawful detainer summons in person with 3 exhibits a 10 year lease agreement signed by me in 2005 but has no owners signature or representatives signature. A three day demand letter for rent and a three day demand for utilities payment with 60 day notice. I live in a mobile home park in Southern California. Is the unsigned lease agreement attached and referenced in unlawful detainer suit enough to dismiss and require park to issue new demand letters and 60 day notice?
Family Law Attorney
Lack of signature on an exhibit lease is likely going to be determined a "de minimis' error - meaning it may be technically in error, but it is so insignificant that the judge will overlook it. It is unclear whether you own the mobile, though I assume you do because of the length of your lease. You are better off checking for any procedural issues that are lacking pursuant to the mobile home residency law: http://www.hcd.ca.gov/codes/mp/2013MRL.pdf. You are really best served by seeing a local attorney.