Legal Question in Real Estate Law in California
Help
my landlord came by collected rest of rent for last month, after giving it to her she hands me an envelope with a hand written note stating that i have 20 days to move do to her and her family needing a place to live, she wrote that the local police department has already been notified of this. my question is can she do this eviction only because she and family needs a home, can she evict me and my 3 children out within 20 days with just a hand written note? what are my options? what can i do to fight this? i am being evicted for no known reason on my part. can you please help me?
1 Answer from Attorneys
Re: Help
Generally the minimum time for a notice to vacate is 30 days. Your landlord cannot shorten the statutory time to 20 days to fit her schedule.
The police will not come to the house in 20 days and remove your. First the land lord must serve you with a proper notice; Second the time in the notice must pass; third she must file a complaint for unlawful detainer, meaning that you stayed after the time you were to vacate the property; Fourth landlord must obtain a judgment; Fifth the court must issue a writ of possession; Sixth the writ of possession must be properly served, and 5 days must pass. At that time the sheriff or police would come to the house and escort you out of the house.
for more information contact an attorney. The Eviction defense Manual is an excellent source of information. There may be other books published on the subject, Nolo Press in Berkley has excellent bood. on several areas of the law.
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