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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 86628
Experience:  Attorney
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I am living in an apartment where I am not listed on the lease.

Resolved Question:

I am living in an apartment where I am not listed on the lease. My roommate (the one who is on the lease) has not paid rent for the month of october and has no intention of paying it anymore. Court papers have been coming in her name for an unlawful detainer suit. How long do I have to before they will take action against the apartment, like seizure of property?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  Ely replied 8 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me does the landlord know that you are on the lease as well, or, they do not know?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 8 months ago.

I am not on the lease and the landlord has no knowledge of me living here.

Expert:  Ely replied 8 months ago.
Thank you, R.

Here how this normally works:

1) A tenant is asked to pay or quit.
2) If they do not, an eviction is filed and is normally heard about 1-2 weeks later.
3) Past the eviction hearing, if they still do not move out, the landlord can get a Writ and have them forced out, and their belongings put into storage.

However, if you are not ordered to be evicted, then, they cannot evict YOU (arguably), or your items.

You are what is known as a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick you out of the home. You must be evicted like a tenant who has not paid rent. If after the quick eviction hearing you still does not leave, then, one can get a Writ and have the authorities forcibly relocate you.

So from the time that the landlord finds out about you, I would say, about a month before the authorities ask you to leave.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 8 months ago.

How can I find out when the eviction is filed?

Expert:  Ely replied 8 months ago.
What city/county is this in, please?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 8 months ago.

Huntington Beach, Orange county, CA

Expert:  Ely replied 8 months ago.
Thank you.

One can find out by calling the Court at(NNN) NNN-NNNN or visiting it at:

Central Justice Center
700 Civic Center Drive West
Santa Ana, CA 92701

If you need an attorney but are struggling financially, please consider the Public Law Center here.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 86628
Experience: Attorney
Ely and 5 other Landlord-Tenant Specialists are ready to help you
Expert:  Ely replied 8 months ago.
Thank you for your gratuity.

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