[LKEWON]

I have just been served a unlawful retainer summons and have only 4 days to answer. Back in June of 2011, I was handed a 60-day notice to quit. A new friend of my landlords wanted to move in real bad. He had just been evicted from where he lived with an unlawful detainer and decided to show my landlord how it was done. He downloaded it, filled it out (for the exception of landlords signature) and gave it to me. Actually, this guy tried everything to get me kicked out so he could move in. Anyway, seven month later, my landlord (71)decides he wants this 22 year old to move in when she gets out of jail in two weeks so he serves me this summons with a 60-day notice filled out by this guy. Only this one has the landlords signature. Imagine that? But it is not the same one I received and the landlord is stating that I received that one. I kept my copy. It is an original. His is a copy of a different one. I don't know what to do. Somebody HELP please

[joypulv]

Confusing, to say the least.
Start with what state this is, and what kind of lease you have.
Then how you got out of a standard 60 day notice to quit, if you didn't have a year or more lease.

[LKEWON]

I apologize. I am in California. I have lived in the home for 5 years. There has never been a lease signed. The homeowner/landlord lives there as well.

[joypulv]

It dawned on me that I remembered your ID... all the posts from a year ago.
Now what about how you got out of previous notices to quit? How did it get to this stage?

[Fr_Chuck]

Reply that the unlawful retainer is not valid and flawed. State the facts ( get them itemized better) the appear in court to present your case.

[AK lawyer]

Are you saying that you didn't receive the 60-day notice some 60 days ago? When did they give it to you.

If a 60-day notice is required and they are suing to evict you after giving you less than that amount of notice, simply answer and say as much.

[LKEWON]

Let's see if I can make a long story short and make sense at the same time. About a year and a half ago the homeowner where I live in Calif. Served me a 30-day notice to quit. The homeowner met this guy who wanted to move in badly. His name is Mark. The homeowner is Gene. Mark had just been evicted from his apt. in an unlawful retainer suit and had no where to go. So Mark instigated that Gene kick me out promising to pay Gene rent, plus utilities, plus build a motorcycle for him, plus work on his truck, do the yard work etc... It sounded very attractive to Gene and he took the bait. I saw this guy coming from a mile away. He was Genes new best friend. At the house every single day. Harassing me, threatening me, inviting his friends over. This was all taking place when Gene was not home. But Gene allowed this because he wanted a motorcycle built. Mark prentended to know what he was doing and everyone could see that he didn't. But Gene had hope. This guy prentended to have a job too. But was her from 6am to 3/4am. It got to the point he started stealing things from the house and the garage and blaming me for it. Because I was not aware of a 60-day notice that should have been served me, I was actually packing and getting ready to move. He convinved Gene that it must be me stealing his things because I was the one packing everything up.This guy was horrible. I told Gene about every incedent and there were so many but Gene was on Marks side all the way. Hang with me here, it gets better. Anyway, I also informed Gene that he needed to serve me a 60-day notice legally. The 30-day was served on Mar. 8th 2011. On June 9th, Mark was on the computer here at the house downloading a 60-day notice from express evictions. He proceeded to fill it out, filling in the date where
Gene should have signed it and handed it to me. Hello? I didn't say a word. Gene was not home and I never told him about it either. Because I believed that it was not valid. Short story longer, needless to say it took almost a year of Mark's BS for Gene to realize the guy was a big con artist. One day while working on Genes truck, (didn't know what he was doing) the gear slipped and ran him over. Didn't kill him though. But he is no longer here. However, Gene now wants this 22 year old stripper that is getting out of jail in two weeks to move in. So,Gene served me a unlawful retainer summons on Feb. 13 2012.Only eight months later. But the kicker is, the 60-day notice attached to the summons is not the one I was given. This new one is the same as the one Mark handed me but actually has Genes signature where it belongs and Mark filled out the part on the serving it. Way back when.

[LKEWON]

Oh one more thing. The reason I am still here is because in the meantime, I provided Gene with all of the invoices and summary of expenses I had incurred on the jobs I had done for him on his home that he didn't pursue the eviction.

[ScottGem]

OK, Bottom line: You have no lease, but because of how long you have lived there, CA law requires 60 day notice. So Gene can ask you to vacate anytime he wants to as long as he does it properly. You have now been given a vacate notice. Tell Gene that since you received the notice on x date, you will vacate within the 60 days. Start looking for a new place and packing up.

What you received is NOT a summons. A summons is issued by a court. If Gene is trying to claim that since you were given this notice last June the 60 days have expired, tell him since he took no action when it originally expired its now void and a new 60 period has started from when you received the SIGNED notice.

[LKEWON]

On Monday, Feb 13 Gene had a friend of his hand me a Summons from the court requiring that I answer to the court within 5 days along with his copy of a 60-day notice (which is the one I did not receive and should have back in June 2011)He is suing for unpaid rent which he never charged me for and has improperly filled out the court forms as well. He did not list any amounts due yet has checked the box which states that I agreed to pay for utilities only. He also checked the box and put that Mark was served on all defendants who signed a joint tenancy lease which also does not exist. We have another roommate but he has not signed a lease either.

[ScottGem]

OK, Then you respond to the court that you never received a valid vacate notice until you received the copy that accompanied the summons. That you request a hearing to refute the charges in the summons.

Then you go to court and point out all the facts that you have related here. Tell the judge you are willing to vacate, but you want your 60 days to do so.

[LKEWON]

Beautiful, Thank-you everyone. Sorry to be so confusing. Wish me luck.

[AK lawyer]

Let's see if I can make a long story short and make sense at the same time. ...
The homeowner is Gene. ... So Mark instigated that Gene kick me out ... On June 9th, Mark was on the computer here at the house downloading a 60-day notice from express evictions. He proceeded to fill it out, filling in the date where
Gene should have signed it and handed it to me.
...
So,Gene served me a unlawful retainer summons on Feb. 13 2012.Only eight months later. But the kicker is, the 60-day notice attached to the summons is not the one I was given. This new one is the same as the one Mark handed me but actually has Genes signature where it belongs and Mark filled out the part on the serving it. Way back when.

Why is it that when a post begins with "long story short", it's really a short story long? :)

I have removed, as quoted above, the portions that we really don't need to know.

[LKEWON]

OK, Then you respond to the court that you never received a valid vacate notice until you received the copy that accompanied the summons. That you request a hearing to refute the charges in the summons.

Then you go to court and point out all the facts that you have related here. Tell the judge you are willing to vacate, but you want your 60 days to do so.

Just wanted to give an update on the outcome of my unlawful detainer action. After the summons was served, I answered it within the time frame of 5 days then a court date was set for a hearing. I took all of my accounts and expenditures, pictures, spreadsheets I had logged for 5 years and the judge awarded me an additional six weeks to move out. It just goes to prove that the 7 "P"s my father always told me, prior proper planning prevents piss por performance really helped. Along with the advise of all of you who are so knowledgeable. I thank you.

[joypulv]

Thanks for letting us know.

[AK lawyer]

... It just goes to prove that the 7 "P"s my father always told me, "Prior proper planning prevents piss-poor performance "...

And you added another couple of "P"s: "plus photographs". :) Good work and thanks for the update.