Must I file a prejudgment claim of right to possession I received when I am not named in the complaint and have a separate signed lease?

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Must I file a prejudgment claim of right to possession I received when I am not named in the complaint and have a separate signed lease?

I live in a house where I rent a room and have signed a separate lease. Another housemate, who has a separate lease), wasn’t paying rent for quite some time and was served a 60 day notice. He failed to vacate and was then served a UD Summons/Complaint. Each of the tenants received copies served to the house with a prejudgment claim of right of possession. By reading it, it looks as though I’d have to file it with the courts but reading on the state consumer’s website, it appears I don’t because I have signed a separate lease.

Asked on October 29, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully read the summons, complaint and prejudgment right of possession with respect to the issue that you are writing about to make sure that you are not named as a party to the dispute with the landlord.

You need to be very careful that you are not named. If you are named in the action, you will need to file an answer to the complaint. If you are not named in the summons and complaint, you do not need to file an answer to the complaint.

I recommend that you consult with a landlord tenant attorney about the situation over the housemate who was served with a 60 day notice to make sure that you are not part of the legal action with the landlord.


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