Legal Question in Landlord & Tenant Law in California

manager and i agreed to settle mins before court hearing . i told her i would move out as long as i had no eviction on my credit and i paid her past due rent( i paid her in court )judge was happy wwe were able to agree PERIOD and pleased i paid her . but i got a sheriff notice on my door( the next day )SAYING ILL BE LOCKED OUT ( TODAY IS THAT DAY -SHERIFF IS SUPPOSE TO COME )... I DNT UNDERSTAND AM I EVICTED OR IS IT ILLEGAL ? please help asap .i only havr few hours !


Asked on 4/12/11, 5:56 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

This response is likely too late; if the Sheriff is scheduled to come he will not back off if the paperwork appears correct. Immediately call the landlord and point out that he/she is acting contrary to your court approved agreement and can be sued for the damages you suffer. demand that the sheriff be told personally not to enforce the eviction and the landlord has to be present at the rental unit to prevent the eviction from occurring.

However, the facts that you present do not fit with reality. The sheriff does not act unless they have a certified judgment of eviction which does not issue immediately and they do not enforce it immediately. Why would the landlord breach their court agreement? You must have misunderstood what is going on or not presented important facts.

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Answered on 4/12/11, 7:03 am


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