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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111459
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I was served with a summons for non payment of rent. The

Customer Question

I was served with a summons for non payment of rent. The issue is my "house" is illegal back house we share the same meter. What should I do?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has any paperwork been filed in court? And what is your ideal outcome for the situation?
Customer: I received summons yesterday. I would like to have my security deposit back and time to look for a place
JA: When we are ready I'll take you to the appropriate web page.
Customer: ok
JA: Anything else you want the lawyer to know before I connect you?
Customer: also if I go to the city to report the landlord will they makem give me back my deposit?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If your house is illegal, then you need to file an answer to the complaint and summons together with a countersuit for illegal rental. On an illegal rental in CA, you may be evicted still, but you are entitled to recover any rent paid from the beginning of the time you rented there and can also seek costs of having to move and the court can award you attorney's fees as well if you use an attorney.

So if you were served, you need to file an answer denying their allegations and a countersuit for the illegal rental demanding a return of all rent you paid.

Customer: replied 4 months ago.
Ok should I also report them to the city or just wait until after court hearing?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
No, you should report them to the city now.