affirmative defenses for an unlawful detainer

[Eekamouse]

Actually a LL that let you make partial payments to catch up and I have in witting that I paid early to prevent them from a foreclosure DOES look good to the Judge who may be more lenient towards you. I was told that by several legal sites.
You are wasting my time not answering the question I asked about showing up to court with the full amt. owed.
Perhaps Nellibelle or justalayman can answer tomorrow as they are on point and you are not.
Question to Nellibelle...What do I put on my "answer" ? That I intend to have the full amt. owed on the day of court ?

Then why are you asking questions here if you've all ready been told what you want to hear elsewhere?

 

[Proserpina]

And lo and behold, "Nellie" is summoned.

That's got to be a new record for the Eternal Wonder Of The OG Effect.

 

[quincy]

... Having to move in 60 days I could live with. Was looking up the street where I lived 30 years ago for four years with a PERFECT track record. and they have security gates , pool , security lighting , video surveillance and assigned parking and a lot more this place doesn't have. Place is smaller but better built , more modern and rent is the same as here.

Given your current financial situation, you are going to have a very difficult time being approved for another rental, bufbarnaby. A landlord is going to look at your recent past and not at how good of a tenant you were years ago.

You may wish to consider Eekamouse's suggestion early on and look to moving in with family or friends.

Here is a link to information on California tenants that I suggest you read through thoroughly: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

I suggest you look for free legal assistance in your area and please keep in mind the time constraints you are under.

 

[Nellibelle]

Actually a LL that let you make partial payments to catch up and I have in witting that I paid early to prevent them from a foreclosure DOES look good to the Judge who may be more lenient towards you. I was told that by several legal sites.
You are wasting my time not answering the question I asked about showing up to court with the full amt. owed.
Perhaps Nellibelle or justalayman can answer tomorrow as they are on point and you are not.
Question to Nellibelle...What do I put on my "answer" ? That I intend to have the full amt. owed on the day of court ?

It wouldn't hurt to file your Answer with information that you were short on rent due to your circumstances and that you will have the full amount due on the hearing date. The main thing is that by Answering, you get more time. Also, as you probably know, there are many ways to get another apartment without your need to give information that would show you have a judgement, if you should get evicted because you cannot come up with the funds needed to stay in your current apartment. Good luck and let those of us who are compassionate about your situation know how this turns out.

 

[Eekamouse]

It wouldn't hurt to file your Answer with information that you were short on rent due to your circumstances and that you will have the full amount due on the hearing date. The main thing is that by Answering, you get more time. Also, as you probably know, there are many ways to get another apartment without your need to give information that would show you have a judgement, if you should get evicted because you cannot come up with the funds needed to stay in your current apartment. Good luck and let those of us who are compassionate about your situation know how this turns out.

Oh really? What ways would those be? They'd involve being dishonest and lying to the prospective new landlord, wouldn't they?

 

[Nellibelle]

Oh really? What ways would those be? They'd involve being dishonest and lying to the prospective new landlord, wouldn't they?

In response to your questions, I've seen it over and over when someone rents an apartment using their information and then a friend or a family member (who doesn't have good credit) moves in. The tenants always pay their rent on time and keep a low profile. Then sooner or later the LL notices the extra person living there, but more often than not, says nothing because the rent is getting paid and nobody is causing any problems. This happens all the time.

Granted, sometimes the LL will make a big deal out of it and make the tenants pay more for rent and/or require the newly discovered tenant to provide their information, but my experience is that most LL would look the other way, knowing their apartment is occupied and providing revenue. Keep in mind we're not talking about renting an apartment and then opening it up to a bunch of friends/family members that would obviously cause a disturbance.

 

[quincy]

In response to your questions, I've seen it over and over when someone rents an apartment using their information and then a friend or a family member (who doesn't have good credit) moves in. The tenants always pay their rent on time and keep a low profile. Then sooner or later the LL notices the extra person living there, but more often than not, says nothing because the rent is getting paid and nobody is causing any problems. This happens all the time.

Granted, sometimes the LL will make a big deal out of it and make the tenants pay more for rent and/or require the newly discovered tenant to provide their information, but my experience is that most LL would look the other way, knowing their apartment is occupied and providing revenue. Keep in mind we're not talking about renting an apartment and then opening it up to a bunch of friends/family members that would obviously cause a disturbance.

Many of us on this forum question your ability to advise posters on anything to do with rentals, Nellibelle, you having come to this forum for the first time in April of this year with questions of your own on your late payment of rent. Here for others is a link to your thread: https://forum.freeadvice.com/landlord-tenant-issues-42/improper-rental-increase-605413.html

Questioned also is your seemingly vast experience on what landlords will and won't do. You are not a landlord. You have not provided accurate information to tenants in other threads. You have had pretty much every landlord on this forum correct what you have written. And you have failed once again in this thread to provide correct information.

bufbarnaby will not (necessarily) get an automatic stay if s/he files for bankruptcy at this point in time. Did you read through the information in the link I provided? The unlawful detainer has already been filed with the court. Had bufbarnaby filed for bankruptcy prior to receiving notice of the unlawful detainer, that could perhaps be a different story. bufbarnaby should read, from the link provided, the information under "A word about bankruptcy."

Yes, it could be possible for a family member or friend to rent for bufbarnaby an apartment, depending on the landlord's willingness to accept a tenant that cannot afford or qualify for the rent on his/her own, but qualifying for the rental will then be based on the family member or friend's credit. That family member or friend will be the one signing the lease and the one held responsible for making sure the rent is paid on time. Any family member or friend who commits to a rental for someone else will have this obligation show up on their own credit reports - which can limit their ability to qualify for loans or credit of their own.

I recommend bufbarnaby read through the link provided. Under "How to respond to an unlawful detainer lawsuit," bufbarnaby should click on the link "Getting Help from a Third Party," to find legal assistance. bufbarnaby has approximately three days left to answer the complaint or a default judgment will be entered. Any judgment entered against bufbarnaby will remain on bufbarnaby's credit report for 7 years. There is the possibility of a semi-positive outcome if bufbarnaby seeks legal assistance now. There are a few angles that could potentially be played. But s/he should not spend any more time on a forum looking to solve the rental problem here. bufbarnaby should spend time sitting down with a legal professional in his/her own area - and s/he should do this soon.

Finally, Nellibelle, there is nothing "compassionate" about providing someone with false information. Please learn something about the laws before posting. Thank you.

 

[tranquility]

The OP is a low income renter who has profound financial problems including an unlawful detainer action that has begun. No matter what she comes up with and what she does, she will be out of eligibility for at least a time for her failure to live up to her responsibilities. While the automatic stay portion of BK may slow down eviction, it is not that useful for the time lines the OP is talking about. The automatic stay is routinely lifted in BK regarding rental evictions and anyone who got 6 months had a landlord not represented by an attorney. The only wrench here is that the OP is going through serious medical issues and the court may find that good cause to not lift the stay--especially if the OP can show the ability to pay the rent in the near term.

If one were to use a straw renter for section 8, that would also be a disqualifying event for rental assistance and could be a crime.

Now, I don't know if the OP is in section 8 or other housing assistance, it's just the facts would lead me to think she is.

 

[Nellibelle]

Many of us on this forum question your ability to advise posters on anything to do with rentals, Nellibelle, you having come to this forum for the first time in April of this year with questions of your own on your late payment of rent. Here for others is a link to your thread: https://forum.freeadvice.com/landlord-tenant-issues-42/improper-rental-increase-605413.html

Questioned also is your seemingly vast experience on what landlords will and won't do. You are not a landlord. You have not provided accurate information to tenants in other threads. You have had pretty much every landlord on this forum correct what you have written. And you have failed once again in this thread to provide correct information.

bufbarnaby will not (necessarily) get an automatic stay if s/he files for bankruptcy at this point in time. Did you read through the information in the link I provided? The unlawful detainer has already been filed with the court. Had bufbarnaby filed for bankruptcy prior to receiving notice of the unlawful detainer, that could perhaps be a different story. bufbarnaby should read, from the link provided, the information under "A word about bankruptcy."

Yes, it could be possible for a family member or friend to rent for bufbarnaby an apartment, depending on the landlord's willingness to accept a tenant that cannot afford or qualify for the rent on his/her own, but qualifying for the rental will then be based on the family member or friend's credit. That family member or friend will be the one signing the lease and the one held responsible for making sure the rent is paid on time. Any family member or friend who commits to a rental for someone else will have this obligation show up on their own credit reports - which can limit their ability to qualify for loans or credit of their own.

I recommend bufbarnaby read through the link provided. Under "How to respond to an unlawful detainer lawsuit," bufbarnaby should click on the link "Getting Help from a Third Party," to find legal assistance. bufbarnaby has approximately three days left to answer the complaint or a default judgment will be entered. Any judgment entered against bufbarnaby will remain on bufbarnaby's credit report for 7 years. There is the possibility of a semi-positive outcome if bufbarnaby seeks legal assistance now. There are a few angles that could potentially be played. But s/he should not spend any more time on a forum looking to solve the rental problem here. bufbarnaby should spend time sitting down with a legal professional in his/her own area - and s/he should do this soon.

Finally, Nellibelle, there is nothing "compassionate" about providing someone with false information. Please learn something about the laws before posting. Thank you.

And what information did I provide in this thread is incorrect? Listen, quincy...I have an Uncle, a Mother and 2 Cousins who own apartment complexes in other states--I pretty much know what LL's think AND what they will or won't do!! I've had several friends who have gone through evictions in California and I know how the system works.

I've seen at least 2 times where a bankruptcy has been filed AFTER the UD has been filed on tenants and one of those was AFTER a judgement had been rendered, in which there WERE Automatic Stays. I've seen where an Automatic Stay has been lifted due to action by the LL.

A tenant such as the OP doesn't always need legal assistance in order to get before the judge in a UD action. In this case, the OP already knows an Answer has to be filed within a 5 day period after being served with the UD, and it seems like she knows what to do. Based on the fact she said she would have ALL the rent money on the day of the hearing and based on the fact she will mention it in her Answer that she will have it, the matter may very well be resolved in a way that will allow her to continue living in her apartment. What part of this is incorrect or not an accurate assessment of what may happen?

 

[Eekamouse]

And what information did I provide in this thread is incorrect? Listen, quincy...I have an Uncle, a Mother and 2 Cousins who own apartment complexes in other states--I pretty much know what LL's think AND what they will or won't do!! I've had several friends who have gone through evictions in California and I know how the system works.

I've seen at least 2 times where a bankruptcy has been filed AFTER the UD has been filed on tenants and one of those was AFTER a judgement had been rendered, in which there WERE Automatic Stays. I've seen where an Automatic Stay has been lifted due to action by the LL.

A tenant such as the OP doesn't always need legal assistance in order to get before the judge in a UD action. In this case, the OP already knows an Answer has to be filed within a 5 day period after being served with the UD, and it seems like she knows what to do. Based on the fact she said she would have ALL the rent money on the day of the hearing and based on the fact she will mention it in her Answer that she will have it, the matter may very well be resolved in a way that will allow her to continue living in her apartment. What part of this is incorrect or not an accurate assessment of what may happen?

Having family members who own apartment complexes doesn't make YOU an authority on the subject, Nellie.

 

[Zigner]

Having family members who own apartment complexes doesn't make YOU an authority on the subject, Nellie.

Sure it does.

 

[Nellibelle]

Having family members who own apartment complexes doesn't make YOU an authority on the subject, Nellie.

I agree, but why exactly are we arguing here? What I've posted is not incorrect information! It is a very realistic assessment as to what the OP can do in her situation. What will happen at the hearing? We don't know, but given the circumstances, it might be decided the OP can continue to live at her present apt if she pays the rent that is due.

 

[bufbarnaby]

Question about paying LL in court and possible 60 day notice.

Just got free help from 2 lawyers here in town hammered out my answer...said If I pay in court I will not get a UD but they can give me a 60 day notice to move after the trial.
Would cash be OK in court ? If not what then ?
Also , does a 60 day reflect on you if you move in time ?
What if I just don't use my present LL as a reference ?
I have MANY other good references.
Is a 60 day notice considered an eviction on my record ?

 

[Zigner]

Just got free help from 2 lawyers here in town hammered out my answer...said If I pay in court I will not get a UD but they can give me a 60 day notice to move after the trial.
Would cash be OK in court ? If not what then ?
Also , does a 60 day reflect on you if you move in time ?
What if I just don't use my present LL as a reference ?
I have MANY other good references.
Is a 60 day notice considered an eviction on my record ?

A 60 day notice does not reflect badly in and of itself. The UD action may have an effect, depending on how deep future landlords dig (it is a public record, whether you win, lose, or draw.)

 

[quincy]

Just got free help from 2 lawyers here in town hammered out my answer...said If I pay in court I will not get a UD but they can give me a 60 day notice to move after the trial.
Would cash be OK in court ? If not what then ?
Also , does a 60 day reflect on you if you move in time ?
What if I just don't use my present LL as a reference ?
I have MANY other good references.
Is a 60 day notice considered an eviction on my record ?

You submitted your answer today then? You filed an application for waiver of court fees and costs? Did you submit with your answer a request for a trial?

If you requested a trial, it will be held sometime within the next 21 days. This will determine how soon you have to move.

The whole process you are involved in now is an eviction process. The trial is open to the public and generates a public record. This will be accessible to future landlords unless you move to have the records sealed.

Having good references can't hurt you in your hunt for a new apartment but most landlords are reluctant to rent to someone who has a history of late payments and who has forced court action.

I hope you are still are in contact with the attorneys you saw. You will want them on hand for what follows.