Legal Question in Landlord & Tenant Law in California

tenant/landlord

When a landlord files an unlawful detainer does the renter get served notice of the action? How long after the filing of the unlawful detainer does the renter have to vacate if they choose not to contest?


Asked on 6/04/08, 1:25 am

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: tenant/landlord

I agree with Mr. McCoy's answer, except that in my experience, it is more likely to be 4-6 weeks before the tenant is removed by the sheriff.

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Answered on 6/14/08, 10:15 pm
Robert Mccoy Law Office Of Robert McCoy

Re: tenant/landlord

Q: Does a renter get served notice?

A: The court sends a notice by mail to the address of the premises when the complaint is filed.

Q: How long does the renter have to vacate after filing?

A: It depends. If the renter does nothing, he probably has 2 to 3 weeks, sometimes longer, sometimes shorter, before there is a lockout by the Sheriff. However, an unlawful detainer judgment may show up on the renter's credit report, which would make it very difficult for the renter to rent anyplace else. It would be better for the renter to file an answer to the complaint and state that he is moving out before trial. Then the renter can appear at trial and let the judge know he has vacated so an unlawful detainer judgment will not be entered against him. Also, by filing an answer, the renter will be buying himself more time, usually a couple more weeks at the least.

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Answered on 6/04/08, 1:14 pm


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