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CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10221
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My roommate is being evicted without any days notice. Names

Customer Question

my roommate is being evicted without any days notice. Names are ***** ***** the lease and landlord lives with us . What legal rights does she have.
JA: When it comes to landlord-tenant issues, accurate information is key. Fortunately, the attorneys you'll meet here have a lot of experience with this, and it would be my pleasure to match you with the best fit. Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: there's 12 of us living in the 2 bedroom apartment
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Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

When you say that your roommate is "being evicted" without any notice - do you mean that the landlord is "throwing him out" (demanding that he leave), or did the landlord actually go to court without giving your roommate any notice, get a judgment of possession, a writ of eviction, and now plans on serving the eviction with the county sheriff tomorrow?

  • If the landlord is just planning on demanding that your roommate leave, the roommate can ignore them. If the landlord locks him out, he can call the sheriff or police. He can sue the landlord for "illegal eviction"
  • If the landlord actually went through the legal eviction process without giving notice, your roommate is going to want to go to court first thing tomorrow morning and file what is called an "ex parte motion" (give a paper to the court saying that he wasn't served and to please stop the eviction process).

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