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My landlord has begun eviction proceedings against me and I…

Customer Question
My landlord has begun...

My landlord has begun eviction proceedings against me and I have to go to court tomorrow. he also served y daughter who is neither on the lease and has not ever resided here. not even for a brief period. Is that a fraudulent charge and does my daughter have to answer even though she has no connection to the property whatsoever?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

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

The landlord is basically evicting her simply because she is related to me.Again she has never been here longer than a dinner

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

My daughter is a celebrity. this could adversely effect her even though she has nothing to do with the house. it could also effect her ability to get a lease if she ever wants to move from her current rental home

Submitted: 27 days ago.Category: Landlord-Tenant
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Answered in 9 minutes by:
5/28/2018
Lawyer: LandlordTenantAnswer, Attorney replied 27 days ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 31,969
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LandlordTenantAnswer, Attorney replied 27 days ago

Good morning. In a situation like this, she should appear and motion the court to dismiss this. If she is not on the lease nor resides there, there is no basis for her to be named a party/defendant and she can ask that this is dismissed, if the landlord can not show and support why there is a basis to go after her. She needs to appear and answer she is not defaulted

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Customer reply replied 27 days ago
she has to take time from work just because she is related to me? how is that possible
Lawyer: LandlordTenantAnswer, Attorney replied 27 days ago

It is odd that he named her when she has nothing to do with this and if that is the case and he is just trying to abuse the system, she can ask that he be sanctioned and have to pay her for missed work/time, since she is not a party to this and there was no reason to name her, outside of harassment and abuse.

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Customer reply replied 27 days ago
she is a celebrity. she has absolutely as much to do with this as you do. so I could just pick any person and send eviction ? she never even go the eviction because she doesn't live here?
Customer reply replied 27 days ago
My ex husband was also named and he lives 3000 miles from here
Customer reply replied 27 days ago
How is this possibly legal to disrupt people simply because they know me
Lawyer: LandlordTenantAnswer, Attorney replied 27 days ago

The clerk does not review the parties or look at the complaint. That is for the Judge to decide and what the Judge will rule on. He should not be doing this and if he is and it is clear that he is abusing the system, the Judge can sanction him.

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Customer reply replied 27 days ago
she has to go for no reason whatsoever? this is beyond abusive and she will not be able to go under the required time demand, what happens if she isn't able to appear and my ex certainly can't travel to LA to answer this
Lawyer: LandlordTenantAnswer, Attorney replied 27 days ago

She can file a written response/motion, asking that this be dismissed and explaining to the Judge there is no basis for her to be named and go so far as ask if she can appear by phone, if she is in another State or working. The goal is to show the Judge what he is doing and that this can be resolved once the judge looked at the complaint

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Lawyer: LandlordTenantAnswer, Attorney replied 27 days ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 27 days ago
This is time consuming process either way that has no basis for happening. Are you saying that she has to answer no matter what and that i could send an eviction letter to anyone in the country and be forced to take time for court just because someone put my name down and what about y e. should he be forced to travel to answer? How is this legal in any way?
Lawyer: LandlordTenantAnswer, Attorney replied 27 days ago

I know this is not being ideal but a normal, rational person does not just name anyone in a lawsuit unless there is a basis for it. As I shared, if there is no basis for it and he does not lay out in the complaint why she is named, the Judge can sanction him and that is a way for the Judge to deter this conduct. If she takes no action, she will be defaulted because the Judge has no way of knowing what her defense is or reason for a dismissal. I agree with you as far as it is a waste of time but she needs to answer and handle this, I am sorry to say.

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Lawyer: LandlordTenantAnswer, Attorney replied 24 days ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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