Legal Question in Landlord & Tenant Law in California
I am moving on Sat
My apt manager is harrassing me about moving due to I have an extra dog and I am late with Dec rent dut to moving which I tried to arrange payment by Dec 31. they served me eviction papers Thurs at 1130 pm and the 5 days to file an answer would be tomorrow I think if I don;t file the sheriff would give me 5 days to be out. Should I file or since I am moving anyway should I just move out as planned???
2 Answers from Attorneys
Re: I am moving on Sat
If you do not file, the real damage could be felt later on your credit report. You will find it very hard to rent anything without a co-signer.
Thus, even if you deny everything, it is better to file an answer. You are correct in the time, by the way, and have until the close of courts, usually 4 or 5 P.M., on Tuesday to answer.
You are correct, also, that it would take another five days with the Sheriff's service.
I still would file the answer for reasons of your credit history.
Please e-mail, or call, my office if you need more help.
Good luck!
Re: I am moving on Sat
If you don't answer within 5 days, the landlord will ask the court to enter a default judgment. Realistically, that might take a week or more to do, depending on how busy the court is. Then the sheriff will schedle an eviction a few days later. Unfortunately, this unlawful detainer will be reported on your tenancy record (yes, there is a registry of such things), and it might make it more difficult to find a new place, especially with an extra dog.