We received a summons for unlawful detainer and the complaint only has a copy of the rental application. Our landlord does not have a copy of the lease but we do. Is the judge likely to dismiss based on this alone? If so are we risking our chances if we do not file an answer? There are several factors I believe will lead to dismissal but i know anything can happen.
No, that is not grounds to dismiss. Even verbal leases are enforceable.
If you can show that you have not actually breached the lease and are current on all your rent payments then you definitely need to file an answer with the court. If you fail to file an answer, you will lose by default and an order of possession will be entered.
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