Legal Question in Real Estate Law in California
Eviction
I just received a 3 day pay or quit notice from my landlord. I signed a lease with two other individuals who have recently left the residence due to personal issues. This is the last month on the lease, but I'm not able to pay the amount on my own and the other two have made no attempts to pay what they normally did prior to abandoning the residence. I sent in what I normally pay, but can't cover the other tenants portions. We are all equally liable and I'm the only one left at the house now. Can the landlord come in and take all my stuff and what kind of time frame am I playing with in which they can do this? I'm have a new place come May, but I am more worried about the next three weeks. I am not optimistic about the other two paying up. Please advise. Thanks.
1 Answer from Attorneys
Re: Eviction
It is unlikely that the landlord could complete an eviction prior
to May 1st. He must serve you with a Complaint. If you fail to answer, he
can apply for a judgment after five days, and then obtain a Writ of Possession.
The Sheriff needs to give you notice ... . May 1 is about the fastest this all
could happen. If you answer the Complaint timely, then the matter will be set for
trial, probably after May 1st. Usually, if you agree to be out by a date certain,
the landlord will agree not to file, or not to obtain judgment until
that date.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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