What to do if my landlord filed an unlawful detainer on the day thatI moved out?

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What to do if my landlord filed an unlawful detainer on the day thatI moved out?

I lived in a Section 8 housing and my lease ended last month. I moved out and handed over keys but was doing last minute cleaning at 7 am on the first of this month. My landlord went ahead and filed unlawful detainer. They got approved to do a mailing and posting but we still never received any paperwork from them. They never posted any summons on the door of our old apartment either. Should I file a motion to squash or demurrer or to show up on the court day and explain to the judge that the eviction has no basis as we do not detain the apartment?

Asked on September 24, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ifyou have already moved out of your rental where there is a filed unlawful detainer action against you, you will need to file an answer with affirmative defenses to it assuming you have been served with it personally since you have written this question in order to prevent a default and default judgment as to you.

Assuming you have not been served with the summons and complaint as to the unlawful detainer action, in order to protect your interests, you should still show up in court and advise the judge that you are no longer in possession of the unit. In unlawful detainer actions, if the tenant is not in possession of the rental, the action is dismissed since the purpose of the action is to obtain possession of the unit by the landlord.

Good luck.


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