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Demurrer to Unlawful Detainer (eviction) complaint in California



16 Responses

  1. Thank you, thank you, thank you.

    Not only for the information in this blog post (which was exactly what I needed to know), but for the sample Demurrer you made available on Scribd.

    I didn’t have a lot of money, but bought it anyway, hoping it would at least get me close. Imagine my pleased surprise when I saw that it gave me exactly what I needed to write a solid Demurrer. I had one day left to do this and you really save me.

    Thank you again SO MUCH!!!


  2. Hello, Can you use a demurrer if the amount on the 3 day note is correct but the Summons itself states a different amount? Thanks for your time


    • If the amount of rent on the 3-day notice and the amount of rent in the complaint are not the same then that should be grounds for a special demurrer on the grounds of uncertainty. You may want to contact an attorney on your case. Good luck.


  3. Can you use the demurrer if you already served and filed an Answer to the Complaint?


  4. Hi,
    How long time do you have to file a demurrer after a post order as been granted and the summon as been posted on the front door?


  5. The three day notice that my landlord gave me did not have the days that I could pay the rent on it, I demurred to the complaint and Judge overruled my demurer, his reason was that it does not matter the days were not mentioned in the notice you had three days to pay anyway. Is he right and if not how can I appeal it?


    • The Judge does have a point although I cannot say for sure if he is absolutely right. Even if he is wrong appealing is very complicated. You would most likely need an attorney to appeal the decision.


  6. When you go to court on a Demurer and they are ruling against all of them and not allowing anyone to state their objection. Now they have five days to answer the UD. What do you do? How and what do you put into an answer?


    • While I cannot give you legal advice you could try putting the same objections in the answer as you did in the demurrer. Also add any other defenses or objections that you have against the landlord.


  7. My landlord is evicting me on grounds that my rent was late, but I have proof that that has always been ok in the past. What was different this time, is that I asked her to make the repairs she agreed to make in the contract and has never made. I have all of our conversation recorded as Facebook messages. When I told her the rent would be late, she did not even speak of eviction. In another conversation a couple of days later, I mentioned the repairs (in our contract) and she just lost it. She told me to get out of her house, and also began a lengthy trail of harassment too (all in writing). I believe this is a case of retaliatory eviction. I received the UD 2 days ago and was planning on filing an answer. Is a demurrer a better way to go?


    • I would strongly suggest that you contact an attorney right away as from what you have stated it does sound like may have a good case. I cannot give legal advice but an answer would be considered by many judges to be the more appropriate response, rather than a demurrer.

      Go to http://www.nolo.com/attorneys and look for an attorney in your area who does landlord-tenant law, or if you are low income you could try checking with your local legal aid society. I hope everything works out for you.


  8. HI! If a Summons for Unlawful Detainer – Eviction was just left on my apartment door – is that considered a properly served summons? Also if the landlord did not provide me any notice to vacate or anything in writing that i had to leave, do they have the right to file this Unlawful detainer against me? They told me verbally i no longer qualified for the low income housing program and that i had to leave. and required a provide a move out date and made me sign a notice to vacate. after signing such form, i reviewed my contract and found a paragraph that stated i had 6 months to leave after being advised of not qualifying for low income housing. Can i file a demurrer?


    • You should contact an attorney right away. I am not allowed to give legal advice but from what you have stated the service on you may not have been valid. Contact an attorney. Check with legal aid or another legal service as you may qualify for low or no cost legal help. I hope everything works out for you.


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