Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

My friend was served an unlawful detainer at my apt. I am…

Customer Question
Hello, my friend was...

Hello, my friend was served an unlawful detainer at my apt. I am out of town and will not be in town for another month to respond. What should i do?

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

California West Hollywood I've talked to three attorneys and they say that I have five days to respond. That doesn't pertain to me because I'm not in town

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No, I'm assuming that since my friend has been staying there they are saying I abandoned or something. I have not received any documents. Just have photos of what was sent in the mail and what my friend was given.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I checked at the courthouse and there has been no default judgement

Submitted: 6 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 5 minutes by:
12/30/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,435
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Landlord-Tenant Question
Customer reply replied 6 months ago
ok, thanks
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks very much for your patience. So, generally in California service is appropriate if the papers are left with someone who is over 18 and could give the docs to the tenant. Because you're aware of the lawsuit, then you'll have five calendar days to respond. My recommendation would be to respond as son as possible or else they'll enter a default judgment against you which means you lose automatically. You can start by clicking here to submit an answer. Either your friend or a process server can deliver the docs to the court and then have them served on the landlord.

What other questions did you have for me regarding this?

Ask Your Own Landlord-Tenant Question
Customer reply replied 6 months ago
This is all info I've told you. As I've said, I'm out of town for work until January 25th so I can't file.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

To prevent a default judgment, my recommendation is to fill out the answer, and then go to www.thumbtack.com and find a process server who can file it on your behalf. You don't have to physically file the answer; someone can do it for you. If you're indifferent to what happens, then you don't have to worry about it. On the other hand, if you follow that suggestion, then you'll give yourself a fighting chance. Does that make sense?

Ask Your Own Landlord-Tenant Question
Customer reply replied 6 months ago
I can't sign the form because I won't be there and can't pay the fee.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

If you go to www.hellosign.com, fax the document, or print/sign/scan the document, you can get it to someone. Plus, someone may be able to either float you the balance until you can get them paid, you can pay through paypal, or even do a direct bank transfer to make it complete. There's ways, but again, it's your call. Did you have other questions for me about this?

Ask Your Own Landlord-Tenant Question
Customer reply replied 6 months ago
my question still hasn't been answered. My question is what to do since I cannot file a response.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Sadly, the options are extremely limited if this is the case. You could contact the landlord and ask them if they would be willing to hold off on requesting a default. It's up to them to agree because they're not required to do that, unfortunately. Otherwise, if you can't file anything with the court, that is your only option. Did you have any other questions for me?

Ask Your Own Landlord-Tenant Question
Lawyer: Attorney2, Attorney replied 6 months ago
Attorney2
Attorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 8,905
Experience: 30 years of experience in Landlord Tenant Law.
Verified

I a,m a different Attorney and the site asked me to check with you to see if you still need assistance with this question? Please let me know , as it would be my pleasure to assist you.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Thomas McJD Your Own Question
Thomas McJD
Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
46 Satisfied Customers
Experience: Landlord-Tenant Law Expert

Thomas McJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I live in california, my ex gf is staying in my room and I
I live in california, my ex gf is staying in my room and I am living in my car. Can I legally put a pad lock on my bedroom door? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
In Paramount, California. We are behind in Rents over 1
In Paramount, California. We are behind in Rents over 1 month. I was just served with a 3-days notice to pay or quit. How much time to I have legally before they can evict me and what is the most lega… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
To serve a tennant by landlord can the landlord serve him or
to serve a tennant by landlord can the landlord serve him or it need to be done by a third party … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I have been served with a three day notice, then I was
Hello, I have been served with a three day notice, then I was mailed an unlawful detainer on Saturday and served the same detainer on Monday. Then the same Monday I was mailed a clerks notice of compl… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
14,667 satisfied customers
I was served with an unlawful detainer on sevens 12 by mail.
Hi. I was served with an unlawful detainer on sevens 12 by mail. I thought I had 30 days to respond but then the sheriff came Friday and i have till Thursday to vacate . … read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I have several questions regarding filing an Answer to an
I have several questions regarding filing an Answer to an Unlawful Detainer, in LA County, CA. It has been over a month since I have been served. There is no Default filed as of today. I have read tha… read more
socallegalwork
socallegalwork
104 satisfied customers
I received a notice of Unlawful Detainer last month. I
I received a notice of Unlawful Detainer last month. I cannot find the case using the Case Number ***** the correct courthouse. How do find out if there is a court hearing or if the eviction has gone … read more
socallegalwork
socallegalwork
104 satisfied customers
Eviction proceedings have been issued against myself and my
Eviction proceedings have been issued against myself and my ex. I moved out of the unit that I had lived in for 17 years as of January 1st. I gave the managers more than a months notice of my doing th… read more
socallegalwork
socallegalwork
104 satisfied customers
I live in California, and I am in the process of eviciting a
I live in California, and I am in the process of eviciting a tenant. I filed a UD-100, Complaint-Unlawful Detainer, and named the tenant and DOES 1 to 5. I also filed a Prejudment Claim To Right of Po… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
Unlawful Detainer Case (California Superior Court of Orange
Unlawful Detainer Case (California Superior Court of Orange County) An unlawful detainer case was filed against me and a default judgement entered (I was not served or notified in any way and didn't k… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
Tenant in California was served 60 day notice. It appears
Tenant in California was served 60 day notice. It appears that tenant has moved out, yet he has emailed me stating that he is ready to move only on the condition that I return his deposit immediately … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I have a tentant living here for the second time and I give
I have a tentant living here for the second time and I give her a break on rent and didn't take a deposit or lease all I ask verbally was to give me 30days notice and she isn't and rent is due today a… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Im a school teacher and was laid off and while on Unemployment
I'm a school teacher and was laid off and while on Unemployment Benefits became one month late on my rent a couple of years ago. My landlord's staff was leaving messages for me routinely and one day I… read more
Loren
Loren
576 satisfied customers
what if the tenant refuses to take the summon and complaint
what if the tenant refuses to take the summon and complaint from my server in a UD.(my server said to the tenant "I delivering this documents to you" she turn around and close the door… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I am evicting 2 tenants. A paralegal drew-up all the paperwork.
I am evicting 2 tenants. A paralegal drew-up all the paperwork. Yesterday, the unlawful detained was filed/recorded in the Superior Court of Santa Cruz, Ca. Question: can I have a friend serve the sum… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I received a notice to vacate from the Los Angeles County
I received a notice to vacate from the Los Angeles County Sheriff saying that I must vacate the premises not later than 5/14/2012 which is today. My problem with this is how can a judgement have been … read more
JB Umphrey
JB Umphrey
Attorney & Counselor
Juris Doctor
109 satisfied customers
Im a renter in a foreclosed unit. Foreclosure occurred 8-8-11.
I'm a renter in a foreclosed unit. Foreclosure occurred 8-8-11. On 11-1-11, the ban requested rent payments. I agreed. Rent was paid for 11-11, 12-11, 1-12. Financial difficulties no longer permitted … read more
DrewMSJD
DrewMSJD
44 satisfied customers
what is the process for evicting a tenant if the house is facing
what is the process for evicting a tenant if the house is facing foreclosure and in the short-sale process?… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x