Legal Question in Real Estate Law in California

After the 30 day notice

I gave a 30 day notice in Dec and my security deposit easily coveres my dec rent. I was not able to locate a new place by the end of dec so I paid Jan rent, that check was returned to me and eviction procedings began. it is now jan 17 and the sherrif dept has informed me I have to vacate property by jan 21. i have not been notified of any court dates. and only recieved one set of court papers that state an eviction was starting. do I need to move? what are my options now. the place i have found will not be ready till feb 1.


Asked on 1/17/02, 5:16 pm

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: After the 30 day notice

The court papers that you received were probably a Complaint for Unlawful Detainer, and a Summons notifying you that you had five days to answer. From your question I suspect you never answered, and so you're out on the date the marshal/sheriff set on the notice to vacate. Put your stuff in storage and find a place for a couple of weeks until your new place is ready. Be sure and file a change of address with the post office so that any notices from your land lord will reach you.

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Answered on 1/17/02, 5:35 pm
Wayne Smith Wayne V. R. Smith

Re: After the 30 day notice

Try to get a deal with the Sheriff to let you move out by Jan 31. Good luck. If not, try to deal with the landlord. Good luck there, too. Best to be prepared to move your stuff into storage for a few days, or try once again for an early move in at the other place. It would be a waste of time and money to try to get relief in court. The Sheriff has a move out order, and will likely leave your stuff on the street.

If the sheriff turns over the premises to the landlord with your stuff in it, the landlord can store it at your expense, and you have 15 days to pay the storage and recover your stuff under CCP 1174. The statute seems to say the landlord has no liability to you or any person for damage to the property if you leave it there, so best to move it our on our own. And your storage costs will be a lot less than the landlord will charge you, even if he leaves it in the apartment.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

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Answered on 1/17/02, 5:40 pm


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