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  1. #1
    Join Date
    Nov 2020
    Posts
    3

    Default Landlord Agreed to Remove from Lease Sues Year Later with Out Notice

    My question involves landlord-tenant law in the State of: California
    I rented an apt with my boyfriend, we signed a new lease for our 2nd year in 01/05/ 2017. signed again in June of 2018 with rental increase. We started having major disagreements and I moved out in July of 2018 I emailed the property management and asked what i needed to do to get name off lease because i moved out of town but my ex was still living there. They responded saying to send them an email stating that i moved out and was giving my 30 day notice and that i would forfeit my $1400.00 deposit so I did that (time laps in emails this was completed in oct. 2018) In Sept 2020 papers come to my work to garnish my wages. the papers were from property management for that apt. stating UD case was filed in March of 2019 for nonpayment of rent for $55 non payment in Feb. and full rental amount for March 2019, complaint filed in April 4, 2019. I was never served or contacted by email for my new address I accepted their offer to take my name off lease by forfeiting my deposit. They requested the court to post service at the apt that they knew i hadn't lived in for almost a year. They won a default judgement and right after they win by default they now know my work and home address and gave my work garnishment papers. What can i do? They agreed to take me off now i have UD case on my record can i get compensated for them lowering my credit score or punitive damages for this? They want $3199.56. Any advise would be greatly appreciated. It just feels like total abuse of the process. My last paycheck was garnished.
    Thank you

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Landlord Agreed to Remove from Lease Sues Year Later with Out Notice

    It's possible that your boyfriend got evicted leaving damage and unpaid rent. With both your names on the lease both of you got sued and service was made at your last known address, which may or may not have been proper.

    First thing you do is go to the courthouse and get a complete copy of everything in the case file...everything.

    Then come back and discuss.

    Meantime, I hope you retained documentation of the landlord's agreement to relieve you of your obligations. Did you?

  3. #3
    Join Date
    Nov 2020
    Posts
    3

    Default Re: Landlord Agreed to Remove from Lease Sues Year Later with Out Notice

    I have copies of all the documents filed online. I did keep copies of the emails and the property manager states:
    We need the email to state you are giving a thirty day notice and then we can go ahead and remove you. The original process is that the person staying in the unit has to income qualify before we can remove you off of the lease and unfortunately "bob" does not income qualify but "Sue"did speak with our VP of the company and we will go ahead and remove you if we receive a 30 day notice , this does mean that you forfeit your right to the security deposit."

    Thats word for word I only used different names. This email is signed by manager with title of resident manager

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Landlord Agreed to Remove from Lease Sues Year Later with Out Notice

    That says what they "will" do.

    Do you have anything in writing as to what they "did" do?

  5. #5
    Join Date
    Nov 2020
    Posts
    3

    Default Re: Landlord Agreed to Remove from Lease Sues Year Later with Out Notice

    No i do not have anything more

    There written word is not enough? Thank you so much for pointing these things out. Seemed to me like it was going to be a for sure win. I see now there is a lot more to this.

  6. #6
    Join Date
    Jul 2018
    Posts
    157

    Default Re: Landlord Agreed to Remove from Lease Sues Year Later with Out Notice

    What you can you do?

    You can file a motion and affidavit asking the court to set aside the judgment and be given the opportunity to present you defenses.

    When? Because you never received actual notice of the filing of the lawsuit or written notice of the entry of the default you have two (2) years from the date of the entry of judgment within which to file such a motion. (See: California Civil Code (CCP) Section 473.5) * Here it would appear that the judgment was entered sometime in March or early 2019.

    But please understand that it is easier said than done. The upside is that the courts lean in favor of having lawsuits decided on their merits rather than by arbitrary and ex parte default.

    The downside might be your ability to do this all by your inexperienced born self. There are head spinning procedural rules and protocols (tons of them) that can best be learned only by years of practice; in other words by trial and error. Here is an example of one demanding your compliance:

    "Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days.

    Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section. All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days and all reply papers at least five court days before the hearing. The court or a judge thereof, may prescribe a shorter time." CCP Section 1005 (b)
    Savvy?
    ____________

    [*](a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered.

    (b) A notice of motion to set aside a default or default judgment and for leave to defend the action shall designate as the time for making the motion a date prescribed by subdivision (b) of Section 1005, and it shall be accompanied by an affidavit showing under oath that the party’s lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.

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