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  1. #1
    Join Date
    Mar 2011
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    2

    Default Unlawful Detainer Without Knowledge of the Unpaid Rent by the Master Ternant

    My question involves an eviction in the state of: summons of unlawful datainer from the superior court in California.

    Situation: Person Rod rented a studio from person Hell for a year, but Rod decided not to live in the studio after 3 month and subletted the studio for 5 month to me. Hell added the sublease agreement as an addendum of the original agreement (for five month), but only Rod and I signed this addendum, Hell did not.

    I paid all my agreed rent to Hell. Now it is my last month of my agreement, and after my rent check for this month went through, Hell sent me (and Rod) a 3 day notice to pay rent or quit. The reason is that Rod already owed Hell some rent before I signed the lease with Rod ( for which I did not know). I ignored the three day notice since Rod claimed he was going to pay for it.

    Question: 1. In the summon of unlawful detainer, Hell stated that I am a co-tenant now due to the addendum, and so I am on the defendant. Is this true?

    2. If 1 is true, Hell never mentioned to me that Rod (or we as tenants) owe him rent until the 3 day notice. Will this give me some legal ground to go against 1?

    3. Is there some law protecting me from being taken advantage of Hell? More specifically, is there some law that keeps me from being a defendant? Am I be able to stay in the studio until the end of this month?

    Any advice would be helpful. Thanks a lot.

  2. #2
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Unlawful Detainer Without Knowledge of the Unpaid Rent by the Master Ternant

    Now I am just getting more desperate since Rod refuesed to answer my phone call. Last time I talked to Rod, he has no intention to respond the summon in the 5 days. If only I reply the summon, will the Judge let me be responsible for all the rent Rod owe? Even though I paid all my rent on time. The landlord Hell knew Rod is not a responsible person and now trys to take advantage of me.

    I am not sure what I should do. Maybe it is easier that I fly away from Califonia now rather than the end of the month, since Hell only know my name. Just a desparate thought.

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