Eviction Issued, but Landlord has the WRONG NAME?

Here's the story. Landlord never gave my friend a lease, rental agreement or receipt of payment. He waived the deposit and basically accepted cash under the verbal agreement he would provide the formentioned. He never did!

Now he tried to raise the rent (remember he never gave her a rental agreement or anything in writing). She refused to pay him,. unmtil he gave her a recipt from he rprevious paid rent. He refused and issued a court order eviction process.
(they go to court in a few weeks.)

...Here's my question.
-1- Landlord issued the eviction notice for the wrong person named (she lives alone, always has). Technically, if a landlord issues an eveiciton and he has your last name totally different (not even mispelled but a totally different last name)
Isn't the eviction noticed voided?

This is what landlord did.
He has her first name correct, last name wrong.
Then he puts A.K.A " "
In this he has her last name as her first name, and a totally different last name?
Additional Details
Eviction process is tomorrow. (Monday) I will attend with my friend. she shall explain to the judge the wrong name. I need to say that the 3 day notice is just the landlord asking the tenent to move. He can't file for eviction with the court until he first files that notice. From what I understand the notice must be presented to a tenent in a certain way. I think some of you all are well meaning but have no idea what you are talking about. Then we shall see who among you are correct. Thank you for your time :8) I will post the judge's decision tomorrow.

Rick J, you are clueless. you have no idea what you are talking about!!!!

First and foremost, the mis-spelling of the name matters.
One would expect the landlord knows who he rented the apartment too?

How can you evict John smith, if Mark jones lives there.
That makes no sense!! Especially if John Smith doesn't exist!!!!!! Remember, if you sue, you must sue the proper person. suing a non-existed John Smith when you intended to sue Mark Jones is hilarious!

Anyway, If a person is evicted they receive 3-10 days.
If the notice isn't thrown out! Because legally you can't evict the wrong person.

How will the landlord explain that he has two names on the eviction notice and they both are people that do not exist?

The judge will ask, don't you know who you rented too?
If you rented to one perosn, why are you evicting two people that DO NOT EXIST!!!!

--- ---
(I Love Key) ...You are making wrong assumptions.
The user asked if the eviction was invalid due to the last name. If the landlord doens't know the name of the person living in the apartment, then he must refile. That's common sense. If Tom jones lives at an address, but the landlord puts Tom Collins or Collins Marks, how the heck can he evict Tom Jones? You should also know that is a judgement is won that it's imprinted on the users record, so yes the name does matter.

***** *****
(I LOVE KEY)...
If the landlord has the wrong name the eviction is invalid, period! He must refile. That's like trying to sue John michigan when the person you intended is named barry jones!

Get a clue! I don't care if you have been doing this for
100 years! You are wrong!

First of all, if someone refuses to provide you with a receipt ... that is the first sign that something is really wrong. The only remedy you have for that is to refuse to pay cash or send the landlord a certified letter stating that you gave them X dollars on such and such a date, that they said they would give you a receipt later and never did. It would be up to him to challenge it.

Second, she doesn't have to pay the increase ... but she does have to pay the rent. She will have an opportunity to pay the rent into court. She can tell the Judge about the instant rent increase and how her landlord refused to give her a receipt. The Judge will set them both straight.

Third, this isn't an episode of Law & Order. Complaints can be amended in court. She is the tenant, and there is no question that the summons and complaint are for her. If they had the wrong address or something, that would make a difference as there would be the possibility that she was never served ... but the reversal of her name is not an issue. It's for her. They aren't attempting to evict "someone who doesn't exist".

If I got a summons & complaint that said "Key Pie aka Love Lime Key" which was served to the occupant of 6 Graham Cracker Crust Lane, Whipped Cream, NJ 07030" you can be sure that the Judge will not believe that me, Miss L. Key Lime Pie at that exact same address did not have a clue that it was for me. Judges get pissed when people play stupid, and they won't cut you any slack for trying to waste their time.

The affidavit of service is more than enough to prove that she was served, and that's all there is to it.

******************************
"You are making wrong assumptions."

Uh, no, I'm not. I do at least 15 of these complaints on a weekly basis and have done this for over 20 years. That comes out to at least 15,000. How many have you done?

"The user asked if the eviction was invalid due to the last name. If the landlord doens't know the name of the person living in the apartment, then he must refile."

You're wrong. This quote explains the legal reasoning best: A name is a means of identity; but the change of the name or the application of a wrong name does not change the thing identified. It is not the name that is sued, but the person to whom it is applied. Process served on a man by a wrong name is as really served on him as if it had been served on him by his right name, and if in such case he fail to appear, or, appearing, fail to object that he is sued by the wrong name, and judgment be rendered against him by such name, he is as much bound by the judgment as if it had been rendered against him by his right name.

The occupant was served, and the combination of names is more than enough to go ahead. Many places also allow complaints to be amended in court. I see this happen at least twice a week. It is also common practice that if a full name is not known that John or Jane will be substituted for the first name and Doe as the surname. If Tim Smith is listed and the tenant is Abigail Rajoulah, that would make a material difference, but in the instance the person with the question described, the name was transposed and combined. She was served and she knows it. There is no doubt in her mind that this is for her. This person also does not have a lease of any type to prove that she told the landlord her name was anything other than what appears on the paperwork. All he has to do is say "thats what she told me her name was".

She may be able to delay this for a week or two if she files an answer that notifies the court that her name is incorrect, but she won't get out of it.

"That's common sense. If Tom jones lives at an address, but the landlord puts Tom Collins or Collins Marks, how the heck can he evict Tom Jones?"

See above.

" You should also know that is a judgement is won that it's imprinted on the users record, so yes the name does matter. "

Apparently you don't know that evictions are judgments for possession and nothing else. And in all my years of doing this, I have yet to see anything "imprinted" anywhere.
*************
How did your "friend" get a court date if no one filed for eviction?

i dont think you are using correct terminology because your story is very confused. evictions are issued last after court -not first. you give notice first - file second - tenant gets served third - file answer fourth - go to court fifth and eviction sixth. in your story she gets served with eviction first and goes to court from notice second. i dont think you make this story up - but you dont explain it correctly. you say eviction that morphs into notice.

served is served. i had tenants say they didnt touch process so they were not served or name is wrong so they were not served. they had to find out the hard way they were wrong. you presented this whole story as if your friend was served by the court with an eviction - court order eviction process - and from your update that is not what you meant.

if you dont explain with correct terminology you get answers for what you say not what you mean. notice is different from eviction or sevice. maybe names on notices can make a difference but i know for fact that process service on right person is binding otherwise people will make up names and never get evicted.

i am a licensed broker now but was small landlord for 10yr in ny and so many time did not have full or correct name of tenant. always as long as right person got documents and make appearance or file answer judge would go ahead. sometimes tenants file answer with objection to name with the court but this very easy to fix. i do this many many times with no problem. courts will not let a tenant live for free because of problem with name.

it happens alot to not know right name of the tenants especially if you are a very small landlord. people get married divorced lie about being married spell differently use nickname - so many reasons for this. very easy to happen.

landlords must give receipt for cash. if he refuses pay with money order for proof. without receipt there is no proof if you pay with cash. in ny there is a law that says landlords must give receipt for cash.

Move out. Find a nice place with a better landlord. This is probably the start of a horrible experience. Living well is always the best recourse.

when there is an error in fieling the landlord needs to corect the error and refile.

If you were given a 3 day pay or quit use that to move.

Hope this may help.
http://www.rentalprop.com/oldissue/feb96/evct_pit.htm
This is for the state of CA, check online for your friends state if not in CA
http://www.dca.ca.gov/legal/landlordbook/evictions.htm

you might have to call a lawyer and ask. there is so many ways to this problem...

A lot of landlords don't have leases. It is the smart way to do business. Why? because you can evict someone and get them out in thirty days. If someone even stays at your house for a period of time without paying you, and you want them out, legally you have to give them a thirty day notice of eviction. Then they are tress passing. The spelling of her name doesn't matter there is no documentation of rent or spelling( No one lives at that place). She also could have changed her name or the spelling. Spelling isn't going no where in court. What is going to happen is this, if she feels she is right. She will be evicted by a Marshal or police. She will have three days to get her stuff out. Then if she tress passes she will be arrested. She will also be sued for money owed and will lose in civil court. I know this because of experience. SHE WON"T WIN. I would find a new place to live,so there is time to organize my move.

it was your responsibility to ask for a copy of your friends lease.

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