My tenant filed a Demurrer in an Unlawful Detainer Case, Now what?
Unlawful detainer cases can be incredibly stressful and contentious for both landlords and tenants. These cases typically arise when a landlord seeks to evict a tenant who is allegedly in violation of their lease agreement or has failed to pay rent. In such situations, tenants have a legal right to defend themselves, and one common legal strategy they may employ is filing a demurrer.
What is a Demurrer?
A demurrer is a legal document filed by a party in a lawsuit that challenges the sufficiency of the opposing party’s complaint or petition. It essentially asserts that even if all the facts alleged in the complaint are true, they do not amount to a valid cause of action or legal claim. In other words, it contests the legal basis of the case rather than the facts themselves.
Why Would a Tenant File a Demurrer in an Unlawful Detainer Case?
Tenants facing eviction in an unlawful detainer case may choose to file a demurrer for several reasons:
- Procedural Errors: A tenant might argue that the landlord’s eviction notice or complaint contains procedural errors or fails to meet the legal requirements for an unlawful detainer case. This could include issues with notice periods, the method of service, or the format of the notice.
- Lack of Cause of Action: Tenants may contend that the landlord’s complaint does not allege sufficient facts to establish a valid cause of action for unlawful detainer. For instance, if the complaint fails to specify the breach of the lease agreement or the reason for eviction, a tenant might file a demurrer.
- Defenses and Counterclaims: Tenants may have legal defenses or counterclaims that they believe negate the landlord’s right to eviction. A demurrer can be used to challenge the legal validity of the landlord’s complaint before addressing these defenses and counterclaims.
- Protections Under Local Laws: In some jurisdictions, tenants may have additional protections or rights granted by local laws or ordinances. A demurrer can be used to assert these rights and challenge the landlord’s compliance with such laws.
- Delay Tactic: Our experience has proved that filing a demurrer can also serve as a delay tactic, giving the tenant more time to find alternative housing or negotiate with the landlord. The legal process can be lengthy, and a demurrer will most definitely extend the timeline.
The Impact of Filing a Demurrer:
When a tenant files a demurrer in an unlawful detainer case, it triggers a legal process. Here’s what typically happens:
- Court Hearing: The court schedules a hearing to consider the demurrer. Both parties have the opportunity to present arguments, and the judge will make a decision based on the merits of the demurrer.
- Possible Outcomes: If the judge sustains the demurrer, it means they agree with the tenant’s argument that the landlord’s complaint is legally insufficient. This may result in the case being dismissed, or the landlord may be given an opportunity to amend their complaint. If the judge overrules the demurrer, the case will proceed, and the tenant will need to defend against the eviction action.
- Amending the Complaint: If the demurrer is sustained, the landlord can usually file an amended complaint that addresses the issues raised in the demurrer. The tenant will then have an opportunity to respond to the amended complaint.
- Impact on Timelines: Filing a demurrer can delay the eviction process, giving tenants more time to prepare a defense or negotiate with the landlord. However, it’s important to note that this delay is temporary, and tenants will still need to address the underlying issues that led to the eviction action. As a landlord it is important to stay the course and do not get frustrated.
Conclusion:
Tenants facing an unlawful detainer case may choose to file a demurrer as a legal strategy to challenge the sufficiency of the landlord’s complaint or assert their rights and defenses. While a successful demurrer can delay the eviction process and provide tenants with an opportunity to address the legal issues at hand, it’s essential for both landlords and tenants to understand that this is just one step in a complex legal process. Ultimately, the outcome of an unlawful detainer case will depend on the specific facts and circumstances involved, as well as the decisions made by the court.
If you are a landlord attempting to manage a property yourself, we would highly encourage you to consider utilizing a professional property manager. While utilizing a property management company will not eliminate a potential eviction, it will reduce the likeliness of an eviction from occurring by thoroughly screening tenants prior to occupying your resident.
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions regarding this content or any other aspect of your property management needs.
