got an eviction notice from landlord(unlawful detainer notice)

[elle_dee]

What is the name of your state (only U.S. law)? CALIFORNIA

hello. i received an eviction notice from my landlord(for unpaid late rent) n i have 5 days to respond to the notice in court(today 4/4/2011 is d last day to file an answer). i talked to my landlord and he said that when i pay the full amount of the rent owed(including legal fees) by 4/14/2011 he would drop the lawsuit COMPLETELY! he said that i dont need to respond to d notice in court that it will be a default n he will ask for the eviction(lawsuit) to be dropped! im a little confused because even though we came to an agreement where i dont have to get evicted when i pay all d money i owe, it seems i still have to go to court to file an answer stating our agreement based on what i researched online. DO I STILL NEED TO GO TO COURT AND FILE AN ANSWER EVEN THOUGH MY LANDLORD SAID I DONT HAVE TO AND THAT HE WILL DROP THE LAWSUIT? IS A DEFAULT BAD? pls help! thank you!

 

[CourtClerk]

I would respond to the UD anyway. If he intends on dismissing the case, then there would be no reason to file a default.

So, pay the money you owe, make sure he signs a request for dismissal **unless he's represented by counsel, then counsel needs to request dismissal** and make sure you pay your rent on time from now on. If he's throwing you a bone this time, you may not get the same bone thrown at you the next time.

 

[elle_dee]

thank you very much

thank you very much! i appreciate this a great deal! maybe he was confused on that part(me filing an answer)! we both just wanted a win-win situation for both me(d tenant) n him(d landlord). i dont want my name to have an eviction on it and he just wants the money to get paid! he threw me a bone because i have been a very good tenant for the past 3 years its just the past month n a half that has been a little rough! so i guess i will talk to him and tell him im gonna respond in court n just put that we came to an agreement that i will pay the money owed and it will be dropped! i guess the moral of the story here is to just answer the ud anyway right? but just to clarify how bad is a default on ur record? i appreciate all your help sir/madame!

 

[CourtClerk]

No. The moral of the story is to pay your rent. There's no more damage done by the default on your record. Unless the case is dismissed, there will be a record of the lawsuit being filed.

 

[elle_dee]

thank you again

of course i know to pay my rent! i have been a great tenant for the past 3 yrs n just had a rough month and a half n that is why my landlord is communicating with me on everything! i do want to go to court to file a response but he stated that i shouldnt because he would drop and dismiss the eviction(lawsuit) when all d money owed is paid(including legal fees). since today is the last day to file an answer, i will ask him one more time if he is ABSOLUTELY SURE that i dont have to go to court to file an answer. that way if/when i get a default i can appeal on the grounds that my landlord himself stated that i didnt have to go because we had an agreement and he would drop/dismiss the eviction on that said agreement! thanks again!

 

[John_DFW]

While I don't think your landlord is trying to take advantage of the situation, there is usually no good reason for a defendent to take legal advice from a plaintiff. Even if your landlord has experience with evictions, he is most likely not a lawyer and you have only your time to lose by responding to the court.

 

[elle_dee]

hello

thanks for your response as well! and you're absolutely right about defendants n plaintiffs swapping legal advice. however that is not what i was doing. we were simply talking about the best way to make it a win-win situation for both of us! he would rather have me pay all the money i owe than have to loose money paying lawyers and going to court and filing alot of paperwork etc while also having to deal with the possibility of me staying in d apt even longer with out paying like alot of other people do. i dont want an eviction on my name! so he said that i shouldnt go to court that since we came up with an agreement, what will happen is i will get a default n once the money is received he will completely drop n dismiss the eviction(lawsuit)! i will ask him one more time just to be sure n get it in writing that way if the court asks why i didnt show up i can have proof that my landlord told me i didnt have to because he was planning to drop the case anyway!

 

[CourtClerk]

You do realize that the only way to get a "default notice" in the mail is for the plaintiff in the case to REQUEST for default to be entered.... it doesn't happen automatically.

Therefore, if default is entered, your landlord is planning on evicting you, WITHOUT having to go to trial. But you go on ahead and think his intentions are honorable if you want to...

Don't come back here panicking when judgment has been entered and the sheriff is knocking at your door. I'll answer the subsequent question now.

No, there's nothing you can do because you don't have a legally justifiable reason to have ignored the summons and complaint, and you were well aware of your legal options (answer or don't answer).

Yes, you have to be out by the date on the notice to vacate. The sheriff will follow shortly to lock the property.