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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
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Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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Under California law can a individual person be liable

Customer Question

Under California law can a individual person be liable for unlawful detainer when not a party to the written lease?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is***** will be happy to answer your question.

Can you please provide me with more details about the situation related to your question, so I can better understand it?

Thanks.

Customer: replied 1 year ago.
Hello Alex:Thank you for your help. I am helping a friend in California. She and her children were living in a home rented by an LLC. They were not the tenants on the lease. The LLC defaulted on the lease, an unlawful detainer action was filed in Superior Court, but the attorney for the LLC told her not to worry about it. When she was summoned to court, unknown to her it was a trial date, and she was forced to agree to a judgment of over $100,000 that day. The action was not just to evict her, when she was willing to vacate, but to collect back rent. The judgment was against both her and her children who were not even in court that day. Putting aside the issue of whether the signed judgment was done knowingly and intelligently, particulalry as she never spoke to a lawyer at the firm until the day of the judgment, and does not speak English as a first language, can an unlawful detainer action require a person not listed on the lease as a tenent to pay over $100,000 in back rent? In other words, can you evict a non-tenant on the lease and compel back payments with a unlawful detainer cause of action?Can I do follow up questions?Thank you.
Customer: replied 1 year ago.
wrong phone number(###) ###-####
Customer: replied 1 year ago.
OKAY. WE CAN CONTINUE ONLINE. I INADVERTENTLY GAVE THE WRONG AREA CODE, ITS(###) ###-####IN CONNECTICUT.
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

While I cannot comment on your specific case, generally, if the person / defendant was a tenant at the property where delinquent rent is owed, than it would be generally legally permissible to seek delinquent rent from such tenant, even if there was no lease or other written contract for the rental property and such would be true, especially if the tenant did consent to judgment in writing.

I wish you the best of luck!

Expert:  Alex Esquire replied 1 year ago.

Do you have any related follow up questions? If not please positively rate my answer, so I can receive credit for my work.

Thank you and God bless you!

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