Legal Question in Real Estate Law in California

real estate law

I have a property that went into foreclosure and I just received the 5 day notice to vacate the property. Is there any way to delay this process to give me more time to find housing for my family? I spoke to the lawyer that represents the new owner of the property and he said that I would have 18 days to remove all items of the property but we could not stay in the property. Please let me know what my options are at this point. Thank you for your time.


Asked on 6/24/07, 7:42 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: real estate law

Sometimes you can negotiate payment of "key money," possibly as much as $500 depending on your negotiating skills, in exchange for your leaving their house in reasonably good condition and without putting up a fight. This is because you can probably delay your eviction for up to a few months if you are creative about it. Google for [california tenant law].

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Answered on 6/24/07, 8:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: real estate law

Delaying an eviction for a few months would probably require filing for bankruptcy, which I really don't recommend. Ignoring the 5-day notice will get you served with an unlawful detainer complaint; a token answer will oblige a trial date be set, and after the owner wins, it will be a few more days before he gets a valid writ of possession and the sheriff can act. I'd say a well-managed stalling program should gain you about 18 days, but you will need to bone up on UD law and procedure and the tenants' rights Web sites are a good place to begin.

Also note that the owner's UD judgment against you will reimburse him certain costs and you will be liable for daily rental, so it isn't a free ride. Plus the judgment will show up on your credit report.

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Answered on 6/24/07, 9:03 pm


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