Legal Question in Real Estate Law in California
eviction, entering property
My roommates and I are in the middle of getting evicted from the house we rent by our insane landlord. We received our 5-day notice and gave a response about 1 week ago. We just received, from our landlord, a request for ''Entry of Default'' yesterday (Sunday) and this afternoon I found this handwritten letter taped to our door, ''To any residents, I will be checking the house Tuesday- Please consider this your 24 hour notice. I will expect entry into every room, as I am entitled to do. (Landlord's Signature) 12/17/01'' Does she have this right to enter? What should we do to prepare?
1 Answer from Attorneys
Re: eviction, entering property
An entry of default means you were sued in court in an unlawful detainer action, served with summons, failed to answer and a default has been entered. The sheriff will enter and put your stuff out in the street soon, but you get notice from the sheriff as to when. If you want to fight the eviction, you have to move immediately to set aside the default in court. I am not aware of any law allowing the landlord to come into youor premises - unless he has a court order, or unless the lease permits this and the reasons exist. Sounds like you may not want to stay with this landlord, and so you should save money, refuse him access and move out before the sheriff puts you out. Good luck.
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