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?
2 Answers from Attorneys
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.
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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