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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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My landlord filed an unlawful detainer against us and have

Customer Question

My landlord filed an unlawful detainer against us and have also submitted documents to the court supposedly signed by us. We were able to obtain copies of the case files and discovered that they have forged the signatures. They are indicating that two of the tenants should not be living with us, even though they are in the contract. The latest court document from the court reflects a "Default Reject" as it appears the landlord need to correct something on one of the documents. What should we do? We did not get to respond to the Unlawful Detainer filed against us, but seeing as there is a "Default Reject" status, should we submit a respond asap?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, what state did this occur in? Are you able to appear in court to challenge this?

Customer: replied 1 year ago.
This is in California. Yes, we are willing to appear in court.
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

You need to immediately contact the courthouse and find out if a hearing is scheduled. If not, ask the clerk for a packet or form to file for an appeal on grounds of lack of proper notice and lack of service (since it appears that your signatures were forged). You can ask for new hearing where your information can be reviewed to see if there is basis for your appeal. But I urge you to not wait--while landlord/tenant claims can take a few days to file, if they are at the point of obtaining a writ of possession, you cannot wait as your appeal may need to take place within a few days so you have no time to waste.

Sincerely,

Dimitry, Esq.

Expert:  Dimitry Esquire replied 1 year ago.

Please let me know if I can help clarify anything else. This is a situation where time is of the essence so I urge you not to waste it.

Sincerely,

Dimitry, Esq.