Legal Question in Landlord & Tenant Law in California

Re: Can they throw us out

My suggestion is to rent a truck and move your stuff immediately, even to a storage unit if necessary!!!

There are several steps that the landlord and tenant must go through:

1. Give you a three-day notice to pay or quit.

2. Pay within the 3 days.

3. If you don't pay within the 3 days, then the landlord can file an unlawful detainer lawsuit.

4. The tenant has 5 days to file an answer with the court and send a copy to the landlord.

5. The court then will set a trial date, usually about 15-20 days after that.

6. The trial will be held and all evidence is to be presented.

7. If the tenant loses, then the court issues a writ of possession for the premises, and the sheriff may evict the tenant in a few days. The sheriff will post a notice on the door as to the move-out date.

I'm not sure you answered the unlawful detainer complaint. If you did not, then the landlord wins by default and the process is sped up. If you answered the complaint, appeared at trial and then lost, then the sheriff may put you out with notice. However, the landlord is required by law to give you a certain period or a specific date for you to haul out your stuff -- under supervision.

See California Civil Code section 1965 which requires the tenant to state in writing, in itemized detail, all of the items for which return is demanded, that must be presented within 18 days. The landlord, though, can charge a reasonable amount for storage and removal, presented in writing within 5 days of your written request. Then upon such payment, and within 72 hours thereafter, you must remove the stuff.

If you can't get your stuff out by the sheriff's lockout date, I would send the landlord a certified-return receipt letter immediately demanding return of all of your personal property.

There also is a provision that alternatively requires the landlord to provide you with notice and if you do not comply, the landlord could auction off or dispose of the property pursuant to Code of Civil Procedure section 1983.

Re: Can they throw us out

The timing of the actual eviction is effectively controlled by the local Sheriff's office - it looks like you are in Stockton from the zip code you entered. The San Joaquin County Sheriff's Department, Civil Divsion, has a web page at http://www.sjgov.org/sheriff/supportserv/civil/default.htm

Your best bet will likely be to contact the Sheriff's Office and find out when the eviction is scheduled. Their webpages suggest that they typically evict 10 to 14 days after they receive the paperwork from the landlord - they will send the landlord a letter with the date/time that the eviction is scheduled, and the landlord will need to be present at the eviction to take possession of the premises.

It sounds like it's not likely that they will show up first thing Monday morning but it does sound from your description like eviction is imminent. You can make things a little cheaper for the landlord (and hence for you) by arranging to move out peacefully without making the Sheriff show up and force you out of the house.

If you leave your belongings in the property when you move out or evicted, the landlord will be obligated to store them safely for some time after you leave. The landlord can charge you for storing the belongings; and the landlord will probably throw away anything that looks like trash.

My suggestion would be to negotiate with the landlord about this point about an orderly exit from the property - figure out what it will take for you to move yourself and your stuff somewhere else, and start doing it. The landlord probably doesn't really want to have to pay the Sheriff to throw you out, and they don't want to have to deal with storing your belongings, so they will likely prefer an orderly transition if you can assure them that you really are moving out on a reasonable schedule.