3-Day Notice & Unlawful Detainer

[MarcusinLA]

What is the name of your state?California

Is an understatement of rent owed by LL in 3-Day Notice and thereby incorporated by LL counsel in the Complaint render the 3-Day Notice and Complaint legally insufficent and subject to Motion to Dismiss?

Actual amount of rent owed is correct on the LL’s resident portal for online payment.

 

[FarmerJ]

Are you the LL and if so your saying when you made the notice out you made it out for the less than what is owed? SO what are the odds the tenant still will not have that much money on hand to bring with when they appear in court ?

 

[MarcusinLA]

Are you the LL and if so your saying when you made the notice out you made it out for the less than what is owed? SO what are the odds the tenant still will not have that much money on hand to bring with when they appear in court ?

No, the tenant. The LL claimed that we owed a December 2018 rent in an amount $600 less than our actual rental rate while the claimed amount for January 2019 was correct. It’s all moot as we paid what was owed regardless of the understatement on the 3-Day and the Complaint. This is really out of curiosity. While I believe an overstatement renders those documents legally deficient, does an understatement - although in the tenant’s favor - do so as well because it is a material mistake? Or is it enforceable against the LL if we had proceed to court as to the amount owed as the error is construed against the drafter?

 

[quincy]

No, the tenant. The LL claimed that we owed a December 2018 rent in an amount $600 less than our actual rental rate while the claimed amount for January 2019 was correct. It’s all moot as we paid what was owed regardless of the understatement on the 3-Day and the Complaint. This is really out of curiosity. While I believe an overstatement renders those documents legally deficient, does an understatement - although in the tenant’s favor - do so as well because it is a material mistake? Or is it enforceable against the LL if we had proceed to court as to the amount owed as the error is construed against the drafter?

Complaints can be amended.

 

[reenzz]

https://forum.freeadvice.com/threads/notice-of-unlawful-detainer.652833/#post-3615476

 

[quincy]

https://forum.freeadvice.com/threads/notice-of-unlawful-detainer.652833/#post-3615476

Sounds awfully similar.

 

[MarcusinLA]

Thanks for all of the responses!

On another note, we technically need to respond to the S&C by EOD Monday. Per LL, they notified counsel yesterday to get the case dismissed; however, per my conversation with the court clerk this afternoon no filing to dismiss as of yet. Should we file an Answer or some other responsive pleading?

 

[quincy]

Thanks for all of the responses!

On another note, we technically need to respond to the S&C by EOD Monday. Per LL, they notified counsel yesterday to get the case dismissed; however, per my conversation with the court clerk this afternoon no filing to dismiss as of yet. Should we file an Answer or some other responsive pleading?

You should not trust that there will be a withdrawal. Respond.

 

[MarcusinLA]

That was my feeling as well. Found a fillable PDF Answer online, but is that the proper responsive pleading? Is it worth it to seek reimbursement for lost wages due to having to take time off work to make the filing as well as the cost of the filing given that plaintiff’s counsel has failed to timely file a withdrawal?

 

[quincy]

That was my feeling as well. Found a fillable PDF Answer online, but is that the proper responsive pleading? Is it worth it to seek reimbursement for lost wages due to having to take time off work to make the filing as well as the cost of the filing given that plaintiff’s counsel has failed to timely file a withdrawal?

No. You cannot sue to recover your costs in taking time off work to respond to a legal action.

I don't know if what you found online is a good fillable form for you to use. The court might have an Answer to Complaint form.

You do not want to miss the deadline for filing an answer on the chance that the landlord does not withdraw his action. You could then lose the unlawful detainer suit by default.

And you should show up in court at the time scheduled for the hearing (check your summons for a court date).

 

[FarmerJ]

Your county government center has a public paid ( tax payer paid ) law library the clerk of the courts can/ should be able to tell you what form number/ name is the correct form to use and the law library should have a blank you can copy OR your city /county public library should have them and the librarian there should be able to help you find it and then to make a copy.

 

[quincy]

Your county government center has a public paid ( tax payer paid ) law library the clerk of the courts can/ should be able to tell you what form number/ name is the correct form to use and the law library should have a blank you can copy OR your city /county public library should have them and the librarian there should be able to help you find it and then to make a copy.

There is probably an online source. With just a phone call, the court clerk should be able to direct Marcusin to the appropriate place online to find the appropriate form.