Unlawful Detainer

[whydar]

State of California


I recieved a Summons-Unlawful detainer-eviction for not paying January 2012 rent on 1/24/12. I want to stay at the residence and continue to pay monthly rent but make arrangements for the past due amount.

Do I go directly to the attorney with options, or do I fill out the Answer-Unlawful Detainer and state that I want to stay in the apartment?

 

[Antigone*]

State of California


I recieved a Summons-Unlawful detainer-eviction for not paying January 2012 rent on 1/24/12. I want to stay at the residence and continue to pay monthly rent but make arrangements for the past due amount.

Do I go directly to the attorney with options, or do I fill out the Answer-Unlawful Detainer and state that I want to stay in the apartment?

You cannot expect to even thing of staying if you cannot pay what you owe in full.

 

[FarmerJ]

Your LL does not have to agree to accept any kind of payment schedule if you do not have all the rent and the court cost with you the day you go to court. If your LL does and its part of the court order their will be zero excuses accepted by the court the second time around should you default.

 

[sandyclaus]

State of California


I recieved a Summons-Unlawful detainer-eviction for not paying January 2012 rent on 1/24/12. I want to stay at the residence and continue to pay monthly rent but make arrangements for the past due amount.

Do I go directly to the attorney with options, or do I fill out the Answer-Unlawful Detainer and state that I want to stay in the apartment?

What you WANT and what happens will very likely be different scenarios. Despite being behind on January rent, do you have a history of late/missed rent payments since you have lived there?

You have had ample time and opportunity to try to make arrangements with your LL to pay the outstanding January balance due. Either you didn't try, or you did, and the LL chose not to do it. Their answer either way was to file for the Unlawful Detainer against you.

At this point, the only likely way that you are going to be able to avoid the eviction is to pay everything you owe. That includes the court costs and legal fees that LL has incurred to file the UD against you. Even then, the LL may have decided that they do not wish to work with you any further and want you to leave anyway, which is their right.

You can certainly speak with LL's attorney, but if you do, be reminded that they are NOT on your side, and are NOT likely to be doing anything in YOUR best interest. You may want to hire an attorney of your own to help you with any possible negotiations.