Sometimes, tenants will try to delay an eviction case in Los Angeles by filing a demurrer. A demurrer is a procedure used in the initial stages of an eviction or other legal proceeding to obtain the courts ruling on the formal or legal sufficiency of the allegations in your complaint. For example, a demurrer filed by a tenant may allege that the 3 day notice to pay or quit was defective.
It is common practice for tenants to set the hearing date for the demurrer for at least a month in the future. Of course, this is bad for the landlord. It means a month delay and more lost income. The tenant’s goal is to delay the case to the detriment of the landlord.
Instead of waiting a month or longer for the court to rule on the tenant’s demurrer, a landlord who knows what they are doing can have the demurrer heard in as little as a few days. This will save time, not to mention money in lost income from a tenant who isn’t paying any rent. Thus, if a tenant files a demurrer in an unlawful detainer eviction case, and it is clear that it is a delay tactic, landlords may want to take action to shorten the time for the demurrer hearing and request an immediate ruling on the demurrer. Once the court overrules the tenant’s demurrer, tenant’s will generally have only 5 days to file an Answer. The Law Office of David Piotrowski represents landlords and can speed up your demurrer hearing.
Additional blog posts on evictions can be found here.
For more information, contact the Law Office of David Piotrowski.