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Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Is son under a written fixed term lease or is he month to month?
What are they alleging that he did in the notice?
How long of a notice did they give him to move out?
Has he actually been to court yet or did he just receive the summons today?
Ok, then if they have just now filed the UD action in court then son would have at least a few weeks to find a new place to move. If he just got the summons today, he needs to file an Answer within 5 days to dispute their claim. Once he files, the judge will then schedule a hearing, normally within 20 days, where he will hear the case. If son loses the case, then he still has 5 days after that to move out before the landlord can have the sheriff show up with a writ to physically evict him.
So if he just got the summons today, if he files an Answer, it would likely be around a month before they could force him to move out if he loses the case.
Ok, that explains the 3 day notice... They should have paid it after getting the 3 day notice and forced the landlord to try to evict them under whatever other ground that they are claiming that they have.
With that said, if he got the notice on 6/24, he needed to file an Answer by 6/29 or the landlord can get a default judgment against him.
If he didn't file an Answer, then about the only thing he can do is try to file it now and see if the judge will still allow it. But if not, then the landlord will get a default judgment, and then once that happens he only has 5 days to move out or the sheriff can execute the writ and physically force him to vacate. If he ignored the summons until now, then that makes it tough to react to because the legal time to do so has passed.
About the only thing that he could do that would automatically stop the eviction is to file bankruptcy before a judge issues an order of eviction because that stops any creditor actions, including an eviction. If the judge issues a judgment first, then a BK wouldn't help.
You are very welcome. Glad to help even if the news is kind of lousy... but that goes with the job and I can't always give good news to customers..
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