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What are my chances of winning this case? What is my next step?

San Jose, CA |

Tenant filed an Answer UD-150 claiming that they did not receive the 3 day notice that I sent by regular mail and also posted on the door of the premises they are renting. They also claim that their son who is one of the persons I named as defendant is in the military and claims that he is protected under the Civil Relief Act. The tenants have not paid rent for almost 4 months. What are my chances on this case?

Attorney Answers 1


  1. Before you mail and post the notice, you should hire a process server, or ask someone over 18 and not a party to the lawsuit to attempt personal service. At the least, you should have proof of mailing by certification or registration.

    Service members and their dependents may be entitled to a stay of eviction for up to 90 days if the monthly rent is less than $2,400 and the service member's ability to pay rent was materially affected by service in the military.

    You should consult with an attorney as an unlawful detainer suit has many technicalities. Feel free to contact me at www.TaslakianLaw.com if you have questions.

    Hope this helps!

    Armen Taslakian. 818. 937.3590. www.TaslakianLaw.com. Note: Armen Taslakian is an attorney licensed in the State of California. The answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.