I have lived in my home for ten years now going on eleven. I have recently come to find that i am being summoned to court as a unlawful detainee eviction. Now i was verbally notified that the house i live in was going to be put up for sale. for a year the house was on the market. On may 28th i was served in person a detainer eviction summons. I Vincent read the document first coming to notice that the name on the defendants were wrong. the first name was of a person who had moved out a year ago and notified the owner. The second name contained the proper first name of the individual but different last name. If these documents dont even have the correct name or even know that there is one person on the lease shouldn't I demand that they make sure the facts are right before taking me to court. especially considering that the new owner for barely a month is already kicking me out...
If the 3 day notice or the complaint are defective , you can certainly assert that as a defense.
However, without having seen your lease , the 3 day notice or your complaint ... It's impossible to say.
You need someone to thoroughly review all of those documents .
This response does not create any attorney-client relationship. Only a signed written agreement can do that. This answer is only in relation to the facts presented and may change according to unidentified facts. Always consult with an attorney.
You must timely file a response to the unlawful detainer, or you risk having a default and default judgment being entered against you and being evicted without a trial. If you were personally served, you would normally have 5 days to file a response in court.
I strongly suggest that you immediately consult a local landlord-tenant attorney. If you have valid defenses (including that the termination notice was invalid and/or was not properly served), the attorney can help you assert those defenses.
If you can't get to an attorney in time, or can't afford one, there is a form answer to unlawful detainer complaints which you can find on the website for your local court or the Judicial Council of California.
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