Legal Question in Landlord & Tenant Law in California
On or about, 2/15 I received a 3/30/90 day notice.. I am a tenant, with a lease, and this was the first time I was made aware that the home had been foreclosed upon. I do not want to be where I'm not wanted, so I planned on vacating within the 90 days. Approx 10 days later, I received an Unlawful Setainer (I am John Doe A-X. I called the lawyer handling the case (new owner is JP MORGAN / CHASE) and was instructed to send lease and utility bills. I did so (but not registered).
On 4/5 Sheriff serves me with notice to vacate 6 AM 04/17. Called lawyer and was told to fax lease and bills in order to stop process. I complied. Phoned each day following to make sure process was in fact stopped. Left mssg each day. Finally on Thurs, lawyer picked up phone. Process not stopped. Get out.
What happened to the 90 days on the notice to quit? What about my lease with 8 months left?
4 Answers from Attorneys
It appears that the problem is that you did not respond, in court, to the unlawful detainer action. Therefore, the new owner simply proceeded against you, without your participation. It's not too difficult to win a case, when the other side doesn't show up.
You are likely right that you had 90 days to vacate, but you needed to file a responsive pleading, in court, within 5 days of being served, so that the court knows about your defense.
Now, you can make a motion to vacate the judgment, but you need to move fast. April 17th is next Tuesday. You will need to bring an ex parte application for a stay of the lockout, pending a hearing on a motion to vacate the judgment.
I suggest that, if you are going to do this, you get an attorney, immediately. There are all sorts of technical requirements for how to bring an ex parte application, and you will need to assert the right bases for setting aside the judgment.
The bank apparently obtained a judgment because you never answered the complaint. You can file an ex parte application with the court to stay the eviction, and also include a motion to set aside the default and default judgment. You would have to include a declaration under penalty of perjury that states facts to show inadvertence, surprise, or excusable neglect. You would attach a proposed answer or demurrer. But you must do so immediately.
Many counties have low-cost or free legal clinics for tenants. Some cities have greater protections for tenants, so you must act quickly.
I agree with Mr. Salzman, except as to how long you are allowed to stay. If you have 8 months left on your lease, you have 8 months after foreclosure, IF you do what you are supposed to do under the lease. You have made a huge mistake not getting a lawyer involved in this in February. You need one immediately.
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