Here are a three tips when defending a California Unlawful Detainer:
1. Make sure the three-day notice is correct. Any procedural defect in the complaint or the three-day notice can have a devastating effect on the landlord’s eviction attempt in the State of California. Accordingly, upon receipt of an unlawful detainer or a three-day notice to pay rent or quit, check to make sure that the landlord did not overstate the amount allegedly due in the three-day notice.
2. Contact an attorney right away. While an unlawful detainer defendant can try to defend themselves (in pro per), it is always better to find a qualified real estate attorney to help you. The real estate attorney will be able to examine the unlawful detainer proceedings with a trained eye for factual issues and possible procedural defects that will prevent a landlord from succeeding in their eviction attempt.
3. Think about settlement. Sometimes the landlord has a right to take possession of the leased premises and it may not be the best use of resources (money) to fight the eviction. In those situations, the tenant should consider settling the eviction case. Through settlement the tenant is often able to have rent forgiven, extend the term of their stay, cash for keys, and avoid having the unlawful detainer show up on their credit report and be detectable by future landlords.
Fore more information on unlawful detainers or a free consultation, do not hesitate to contact Zachary Schorr of Schorr Law, APC, www.schorr-law.com, info@schorr-law.com, 310-954-1877.