Q: "Owner" on the Deed-"Owner" who filed Unlawful Detainer-Owner who signed My Rent-Agreement all names are different?
Yesterday, I went to the San Diego County Recorders Office and obtained a Copy of the Deed to the property where I live -The name is different then the Name of the Owner who signed My Rental Agreement 5 years ago minus One week (3/22/2019). When the Plaintiff filed the UD Case July 24, 2023-Included w/ the Summons and Complaint was the 60 Day Notice.What was not included w/ the filing of the Summons and Complaint was a Copy of My Rental Agreement. However,included w/ the Summons and Complaint was an "Exhibit" that said "A Copy of the Rental Agreement is not part of this Case." If the Plaintiff would have filed a Copy of the Rental Agreement would it be probable the Court would have questioned the fact that the names-listed as Owners in separate Documents, are all different?As a result of all the Documents stated specifically above, have the name of a different person as the Owner- Is this a Strong Argument for a Dismissal because of Disputed Ownership?Thank You
A:
Under California law, discrepancies in the names listed as owners on different documents could potentially raise questions regarding the legitimacy of the landlord's claim to the property and the validity of the eviction. However, the difference in names alone may not automatically lead to the dismissal of an unlawful detainer (UD) case. The court would consider the overall evidence and circumstances.
If you notice that the names of the property owner on the deed, the rental agreement, and the UD case are all different, this could be grounds for questioning the plaintiff's legal right to file the eviction. It's important to bring this discrepancy to the court's attention as part of your defense. Documentation, such as the deed and rental agreement, should be presented to support your argument.
Additionally, it's advisable to seek legal guidance to better understand your rights and options in this situation. An attorney can help clarify whether the discrepancies in ownership could significantly impact your case. It's also essential to respond to the UD case by filing the appropriate paperwork within the timeframe required by the court to ensure your arguments are heard.
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