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Posted Feb 3rd, 2012
My landlord is evicting me for not paying rent at an illegal unity. Last night she sent a strange
who dropped me a Summons. What should I do?

Additional Details:
I have being with trouble to pay my rent since I closed my business and haven''t being able to find
a job yet. I try asking her to wait until I am able to pay it full to her but she served my with a 3
days eviction notice on February 13. I found out that the unit that I live is not registered. That
the building have 9 units and 9A does not exist. I found out that she supposed to pay for me to
relocate and tried to make an agreement but she insist on getting the full money from me ($5K). I
made a report and the Department of Homeland Security will supervise on Monday. She then file the
complain with the Beverly hills courthouse on Jan 31st and delivery me the paper on the evening of
Feb 2nd. Now I feel trapped and don''t know what to do. I can not afford a lawyer since I currently
don''t have a source of income. what are my rights? What should I do next?
Legal Topic Area: Landlord and Tenant Law in CA

Dear Belle,

First, I am sorry to hear about your financial difficulties - these are definitely hard times. You must file a response to the lawsuit, or she can obtain a default judgment (a judgment indicating that she wins and you must move immediately). Your response is due within 5 days of the date you were served. Go to the Courthouse, and they often have help centers for responding to eviction lawsuits. You can also look on the Court's website as many Courts have instructions regarding how to respond to an eviction lawsuit. You need to include in your response the fact that the unit you have been renting is illegal, and that you are demanding relocation benefits. I'm unclear about the Homeland Security reference - they have nothing to do with housing, landlord-tenant matters, or evictions. I would be careful - that sounds almost like someone may have called Immigration on you if you are not in the country legally. In any event, you really do need an attorney or you will be evicted and may lose rights. Try legal aid in your area. If not, find someone you can borrow the money from to hire a competent attorney to protect you. There is no way to explain the complicated eviction process in a free internet site like this.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC

San Clemente, California
david.gibbs@gibbslaw.com

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Answered on Feb 7th, 2012 at 6:03pm