QUESTION
What are my options if I am the landlord and I asked for my apartment back in court because of nonpayment of rent but lost?
Asked on Jan 06th, 2016 on Landlord and Tenant Law - California
More details to this question:
The attorney staff put the wrong figure for the rent and after the case was heard, the judge ruled only on the fact. The dollar amount was wrong and did not state that I could have my unit back and that is what I wanted.
4 ANSWERS
You've got to start over, probably with a different attorney.
Answered on Jan 27th, 2016 at 5:41 AM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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Your only option is to serve a new correct notice followed by another eviction action.
Answered on Jan 27th, 2016 at 5:41 AM
If you sued on the basis of a three day notice with the wrong amount of rent owing stated, the judge had no choice but to rule against you. So give the tenant a new three day notice stating the correct amount of rent. You have to go through the same process again. If your attorney was negligent, he should refund the money you paid him for making the mistake.
Answered on Jan 27th, 2016 at 5:40 AM
Litigation Attorney serving Irvine, CA
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Law Office of James A. Anton
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You need to wait for another default and try again if you want to get rid of the tenant that is on a fixed term lease that has not expired. If the tenant is month to month tenant then serve a notice to terminate tenancy and start eviction process.
Answered on Jan 26th, 2016 at 6:18 PM