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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17447
Experience:  B.A.; M.B.A.; J.D.
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I am disabled and on disability. My landlord literally

Customer Question

I am disabled and on disability. My landlord literally decided he no longer wanted me living here since I wasn't working. He began the eviction process. We signed a stipulation agreement that stated I would vacate by 1/10/15. It turns out the friend I was going to move in with can no longer take in me and my child (10 yrs old). Is there some hardship stay form I can legally file tomorrow to ask the judge for more time considering I would be made homeless if I left this
Sunday as agreed? Can the landlord legally come with a sheriff on 1/11/16 to kick me out even if I do file said hardship/stay request?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 11 months ago.

I am so sorry to read about your difficulties.

Could you explain a little more?

Were you behind in your rent?

Did the Landlord file eviction action in Court?

What state do you reside in?

Customer: replied 11 months ago.
he filed the unlawful detainer, however, we both signed a stipulation agreement that states I will move out by this Sunday. I live in California (Contra Costa County). Yes I was behind on the rent, however, he had worked with me until he found out I was on disability.
Expert:  Phillips Esq. replied 10 months ago.

Thank you for the information.

If you do not move out on the date as agreed, the Landlord must go to Court and obtain a Judgment against you BEFORE the Sheriff can evict you.

I have searched the Court's web site, but could not find the form to file to request for more time to move out. It is prudent to go to Court first thing Monday morning to request the form from the Clerk's office and file it with the Court. Here is more information on the Stipulation agreement that you signed:

http://evictionresidential.cc-courthelp.org/index.cfm?fuseaction=Page.viewPage&pageID=1874&stopRedirect=1

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