Legal Question in Landlord & Tenant Law in California

My landlord served a 3 day pay or vacate notice to us in California. I can't be out in 3 days, My family and I are in the process of packing. We can be out in 7 days. I believe the next step is the sheriff serves us papers to appear in court. If the sheriff serves us and we leave in 7 days. Will the eviction still go to court and appear on our record?


Asked on 10/14/14, 2:09 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Why don't you tell the landlord that yo are moving out now? That way the landlord does not have to spend the money on a filing fee for an unlawful detainer action, which is required to get a judgment of possession, which is required before the sheriff can ever serve you with a writ of possession.

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Answered on 10/14/14, 2:15 pm
Robert F. Cohen Law Office of Robert F. Cohen

You might communicate with your landlord about your inability to leave in three days and consider signing a document promising to leave in seven days or a judgment could be entered against you if the landlord chooses to follow-up. If an unlawful detainer lawsuit is filed against you after the three days and you leave, possession no longer will be in issue. Of course, in either situation -- right now or later -- the landlord could still proceed with trying to get the back rent from you through legal means.

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Answered on 10/14/14, 2:15 pm


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