Cosigner Eviction Legalities Explored
Summary
The user, a cosigner for her daughters apartment in California, is facing legal complications due to her daughters eviction notice. She has been served a Request of Admission and Interrogatories, which she is struggling to respond to due to lack of knowledge about the situation. The user is unsure about her legal obligations and rights as a cosigner. The daughter has been dealing with the landlord and the user is unsure about the specifics of the case. The user is seeking advice on how to respond to the legal documents and understand her position in the case.Full Conversation
I am a cosigner to an apartment for my daughter in *. She received a eviction notice in May *. Now i have been served a Request of Admission with i do not know the answers to the requests.
What state is the apartment located in? This will help me provide you with the relevant eviction laws and procedures.
California
What specific requests are you unsure about in the Request of Admission?
In California, cosigners can be held responsible for unpaid rent or damages.
In California, cosigners can be held responsible for unpaid rent or damages.
Interrogatories to identify. I dont have any idea. We live in two different Counties.
What specific interrogatories are you having trouble with? In California, these are written questions that the other party must answer under oath.
They are asking to write down the answers and send them in for the court but again i dont know the answer to because my daughter was dealing with her landlord and not me. I actually forgot about i cosigned.
What is the nature of the questions in the Interrogatories that you are having trouble with?
Claim that Plantiff violated warranty of habitability, conditions of Premises that she made to management, documents that pertain to complaints, request for repairs, discrimination, accepted rent during and after the three day notice.
Have you or your daughter kept any records of communication with the landlord regarding these issues?
I hoping my daughter did keep records. She did tell me that they accepted her payment after she recieved her notice. All other records i am not sure of.
Does your daughter have any proof of payment like bank statements or receipts? This could be crucial in your case.
She says she does have statements and cashed check from her bank
What is the name and location of the court where you need to send your responses to the Interrogatories?
Superior court Alameda county court. * Amador st. Hayward,Ca. *
What is the deadline for you to respond to the Interrogatories?
In California, you generally have 30 days to respond to Interrogatories. If you fail to respond, the court may deem the matters admitted.
In California, you generally have 30 days to respond to Interrogatories. If you fail to respond, the court may deem the matters admitted.
This says 30 days after service or within 5 days after service in an unlawful detainer action.
What is the date you received the Interrogatories? This will help determine your deadline to respond. In California, failure to respond within the given time can lead to the court considering the matters admitted.
Picked up from my mail on Saturday August *, *.
What is the exact date you were served with the Request of Admission? This will help determine your deadline to respond. In California, failure to respond within the given time can lead to the court considering the matters admitted.
I was not served yet. It just came in the Mail.
When did you receive the Request of Admission in the mail? In California, you generally have 30 days to respond to a Request for Admission.
August *, *
What is the exact date you need to respond to the Request of Admission?
This says 30 days after service or within 5 days after service in an unlawful detainer action. It seems to be 5 days.
What is the exact date mentioned on the eviction notice your daughter received?
The file date was June *, *. Three day notice on May *,*
What is the exact date mentioned on the Request for Admission you received?
August *, *
What is the nature of the claims made in the Request for Admission?
I dont understand
Could you please clarify which part of the Request for Admission you're having trouble understanding?
All,
What is the exact wording of the first request in the Request for Admission that you're having trouble understanding?
Interrogatory No. *: Please state all facts that Pertain to Your claim that Plaintiff violated the warranty of habitability.
What evidence or facts does your daughter have to support the claim that the Plaintiff violated the warranty of habitability?
That's what i need to know if i need to respond or my daughter. I dont know the answer to those request. She lives there and i live * min. Away.
Who received the Request for Admission, you or your daughter? Generally, the person who received it should respond. However, as a cosigner, you may also have legal obligations.
This has my daughter's and my name on the certificate of service by mail by attorney cover.
Who was the primary contact with the landlord, you or your daughter?
Daughter
What is the exact wording of the eviction notice your daughter received?
Defult in payment .
What is the total amount claimed in the eviction notice for the default in payment?
I am not seeing a montary amount just her monthly rent amount
What is the monthly rent amount mentioned in the eviction notice?
*.*
What is the total amount of rent that your daughter has paid after receiving the eviction notice?
I belive she has paid up to June, *
What is the exact date your daughter made the last payment?
Not sure. I would need to check when she is home from work
When was the last time your daughter communicated with the landlord or management about the issues mentioned in the Interrogatories?
Management has a lawyer so she may have responded through there attorney.
Do you or your daughter have any communication records with the landlord's attorney? It's important to keep all communication documented for legal proceedings.
I dont because i dont live near her. And i quess she would be communicating with them.
What is the exact date your daughter last communicated with the landlord's attorney?
I'm not sure. Do i need to send a response. She is going through some legal aid service in Alameda County. A
What is the name of the legal aid service your daughter is using in Alameda County? This could be helpful in providing more specific advice or resources.
Thanks. I need to talk with her to find out since they would not aid me. I thought maybe you could help me out on what i can do. I'm getting stressed over this and i need a break.
What is the name of the attorney who sent the Request for Admission? This information will help you to contact them for clarification or to request an extension if needed.
Ilene Hochstein, Millbrae, Ca.
What is the exact date you need to respond to the Request for Admission by?
Wednesday the 23rd August.
What is the exact wording of the second request in the Request for Admission that you're having trouble understanding?
Should I answer to to all these request?
What is the exact wording of the eviction notice your daughter received?