Legal Question in Real Estate Law in California

Re: Just How Long Do I REALLY Have?

The landlord will eventually win an unlawful detainer action to move you out, probably within 30 days of the expiration of the 30-day notice you received. You can fight this, but it is unlikely you would win. You should check with churches and shelters in your area, as they could help you find somewhere to live until you find a more permanent home.

Re: Just How Long Do I REALLY Have?

You will not find your belongings in the street on the 30th day, at least not legally (there are some unscrupulous landlords will take advantage of someone in your position and lock you out while hiring someone to remove or store your furniture but it is illegal and can be severly penalized). Instead, what will happen is that thirty days after the notice was served (apparently about ten days from now if you were served 20 days ago with a 30 day notice) you will be served with a summons and complaint in unlawful detainer seeking any unpaid rent and possession of the property. You have a very short time to respond but can get one extension. Depending upon where you live, it can take another few weeks to get to court but unlawful detainers are a priority matter and it can happen relatively quickly. If your landlord prevails, which he likely will, he would then get a writ of possession and eventually a marshall (or deputy sheriff, depending on where you live) will come out and take possession of the property. All of this takes at least an additional thirty days.

Many landlords have adopted a far more pragmatic approach. Rather than go through all of that, I have represented a number of landlords who will pay your first month's rent somewhere else if you agree to leave in a certain number of days. In other words, they will give you "X" number of dollars if they don't have to go through the unlawful detainer process and you use the money for a new place. Not everyone is so pragmatic, however and they may want to take you to court for other reasons. If they know there is no way they can ever collect from you, however, you should talk to your landlord about your situation, explain that you are willing to leave but need money for first and last somewhere else and explain that they can save all the time and trouble by just giving you what the would spend on attorneys fees and you will go.

Or, you could go rent the movie Pacific Heights, though I would not recommend the techniques used there.

Bob Beauchamp

www.beauchampfirm.com

Re: Just How Long Do I REALLY Have?

Robert knows his stuff. So I'm only going to suppliment his answer. Go to the landlord first. See if they'll give you some kind of break, money or additional time. The Summons and Complaint gives you five days to answer. I'm not aware of any extensions that you may get from the court. Check on that before relying on getting an extension. After you file your answer with the court. You're going to get a trial withing 20 days. Always a shorter time. About 18 days. Then the sheriff will post. You've generally got 7 days, and you're out. Check on shelters for homeless women or battered women. Check with church groups etc. It may be necessary to check with the county to see what they have for homeless children. However, I know that there are weekly rentals available. If you're in Orange County contact me directly, and I may be of further help with some referrals.