Legal Question in Landlord & Tenant Law in California
i am renting a room with some friends in a house they are renting. i paid my rent in cash to them. they did not pay the rent to the landlord and apparently had been behind several months, so they have been evicted. i am not on the lease nor do i know the landlord, and i'm not sure he knows i live here. when they came back from court, i was told we are to be out on monday, feb. 24th, and i am assuming the landlord is sending the sheriff to lock us out. my roommates say that i was renting the room from them and insisted i pay partial rent this month, even though they are not paying any to the landlord. i gave them my last $200. and have no money until i get my disability check on the 3rd of march. i also have my rather frail 18 year old cat that i love very much. i have nowhere to go. no money for a hotel, and no local friends to stay with. since i am not on the lease and paid my share, am i also evicted? is there any way i can i legally stay here until at least the end of the month? what, if any, are my options?
2 Answers from Attorneys
Contact Eviction Defense Network for assistance.
When the sheriff serves the writ of possession on you, you must move if you are named in the writ of possession. If you are not named in the writ of possession, you must ask for and file a prejudgment right to possession, which the deputy should give you. That creates a hearing in which the court will determine whether or not you are evicted as well, or can pay rent directly to the landlord, etc.
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