Legal Question in Landlord & Tenant Law in California

How long do I have to stay?

Because of some fraudulant activity on my checking account and because of a law suite regaurding a civil case pending about negleigence service done on my car which resulted in the cars engine burning up and leaving me with a $1400.00 dollars in car rental bills-- and still no means of transportation-- not to mention the $8,500 dollars it cost to fix the car and towing costs. I found myself without the money to pay rent. I have never been late before and I have talked to the personal of the apartments where I live about my situation. I have the money now and acually have told them that I could bring it to them immediately-its 3 weeks late. But they have already choosen to file a law suite against me claiming unlawful detainment--I have 4 kids and have no where to go should they kick me out--it reads on my paper(for which I was served 3 days ago) that I have 5 days to answere--can they just kick us out like that ? what can I do to stop this from happening and having a lock out on my apartment--we just relocted from riverside county and have no-where we could go should they do this? help


Asked on 7/27/04, 6:55 pm

1 Answer from Attorneys
Sheila McPherson

Re: How long do I have to stay?

You must contact an attorney TODAY. Your answer must be filed with the court within 5 days or your rights can be affected. If you can't find an attorney, call your local Bar Association to get a referral. If you still can't find an attorney, call the Court in which the case was filed and ask for their self-help legal center for the appropriate form to use to file your answer.

Your landlord cannot lock you out or remove you or your belongings from the premises; you will be able to stay there until the landlord wins his unlawful detainer action and only then can you actually be evicted.

Bottom line: find yourself an attorney NOW.

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Answered on 7/27/04, 7:07 pm


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