[johnreed]

In the 3 day pay or quit the landlord asked for money not owed. How do I fight the Unlawful Detainer-eviction. I have the form, but can't figure out how to fill it in? Can someone walk me through it? Please help!

[AK lawyer]

We need to know what form you are looking at.

Maybe you could attach a scanned copy of the form to your reply to this post? Or if you don't have a scanner, can you insert a link to where the form is found online?

[ScottGem]

ANY question about law needs to include your general area as laws vary.

Attaching a scanned copy is a good idea. If you can't then yoyu need to describe what questions you are having trouble with.

[johnreed]

We need to know what form you are looking at.

Maybe you could attach a scanned copy of the form to your reply to this post? Or if you don't have a scanner, can you insert a link to where the form is found online?

The link is:

California Courts: Forms

The form is unlawful detainer answer

[ScottGem]

Ok, so what are you having a problem with? Seems pretty straight forward to me.

Did you offer the landlord the amount you felt was owed? Did he refuse that amount? What is your proof that he was asking for more? If you offered an amount and it wasn't accepted then you check off Box 3c and explain. Otherwise use 3i and explain.

[johnreed]

Ok, so what are you having a problem with? Seems pretty straight forward to me.

Did you offer the landlord the amount you felt was owed? Did he refuse that amount? What is your proof that he was asking for more? If you offered an amount and it wasn't accepted then you check off Box 3c and explain. Otherwise use 3i and explain.

Actually, there is no rent due at all. I get room and board free in exchange for caring for her dad. I believe this is retaliation also because I helped her dad try and take away her power of attorney when she took $100,000 loan out against his reverse mortgage without his knowledge. And she put the funds in her own account, not his... So, zero dollars owed and this retaliation. Now what? :confused:

[ScottGem]

Then I would use 3b and show proof that you have an agreement to provide care in return for room and board.

[Fr_Chuck]

Of course with POA they are free to change your terms of "rent" with a 30 day notice. And/or even fire you from your position and ask you to leave.

Has any of that happened

[ScottGem]

As Chuck pointed out, even if they get shot down on the 3 day notice, they can still fire you and give you 30 days to move.

[johnreed]

Of course with POA they are free to change your terms of "rent" with a 30 day notice. And/or even fire you from your position and ask you to leave.

Has any of that happened

NO. She just gave the 3 day with money due that isn't due.

[AK lawyer]

NO. She just gave the 3 day with money due that isnt due.

In that case, you would use paragraph 2 (b)(1), explaining that.

And as discussed above, also plead retaliation as an affirmative defense, in paragraph 3 something of the form.