Fraudulent UD or Not?

[Ramena]

Jurisdiction

California

Is an Unlawful Detainer valid if the landlord accepted rent for the full month just before filing the UD? My landlord gave me a 60 day notice (lease to end 11/08/15). However, I paid rent November 1st because I was trying to negotiate a new move out date and ask for more time. On November 8th the landlord filed the UD against me even though he kept the rent for November.

Additionally, I responded immediately to the UD but the landlord still has not requested for a hearing or memorandum at issue. It's been three months now, and he still takes my rent each month but threatens me with the eviction too. He is trying to force me to sign a UD Stipulation of Judgment for a move out date. I feel the UD is fraudulent and I shouldn't have to sign anything. Any feedback on this?

 

[army judge]

Is an Unlawful Detainer valid if the landlord accepted rent for the full month just before filing the UD? My landlord gave me a 60 day notice (lease to end 11/08/15). However, I paid rent November 1st because I was trying to negotiate a new move out date and ask for more time. On November 8th the landlord filed the UD against me even though he kept the rent for November.

Additionally, I responded immediately to the UD but the landlord still has not requested for a hearing or memorandum at issue. It's been three months now, and he still takes my rent each month but threatens me with the eviction too. He is trying to force me to sign a UD Stipulation of Judgment for a move out date. I feel the UD is fraudulent and I shouldn't have to sign anything. Any feedback on this?

If the landlord is accepting (or has accepted) so much as one US DOLLAR, the entire eviction is likely illegal.

That's not the fault of the court.

It's the fault (if true) of the landlord.

I suggest you take your findings and all proof to a local attorney.

The attorney might take the case on contingency, because as much as it pains me to say, you could be sitting on a winner.

Nothing against you mate, I just enjoy saying a person has no case. LOL

Okay, see what you can learn after visiting a couple local attorneys.

The initial meeting is usually offered free of financial obligation or further cost.

 

[adjusterjack]

It's been three months now, and he still takes my rent each month

Then his original UD filing is dead.

threatens me with the eviction too

He can threaten all he wants but if you've been living there more than a year he has to give you a new written 60 days notice of termination. See 1946.1 at:

CA Codes (civ:1940-1954.1)

He is trying to force me to sign a UD Stipulation of Judgment for a move out date. I feel the UD is fraudulent and I shouldn't have to sign anything.

You're right. You don't have to sign anything.

As long as you keep paying your rent on time and he continues to accept it you can live there as long as you want although why you'd want to is beyond me.