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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33714
Experience:  Attorney for over 15 years, landlord 26 years
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My son has been served an unlawful detainer-eviction summons

Customer Question

Hello, my son has been served an unlawful detainer-eviction summons dated July 6, 2016.
He is disabled and receives SSI (social security). He was accused of doing or saying something and that was their reason for the eviction. However, when I asked them to tell
me specifically what my son did or said, the office personal would not tell me.
My son needs more time to move. I could not find an apartment for him in the short time they gave him. Would you please tell me what I can do to stop the eviction until I can place
my son in a different apartment. He is suppose to leave the apartment today and he has no where to live. Thank You, *****
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 4 months ago.

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.

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Is son under a written fixed term lease or is he month to month?

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What are they alleging that he did in the notice?

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How long of a notice did they give him to move out?

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Has he actually been to court yet or did he just receive the summons today?

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thanks

Barrister

Customer: replied 4 months ago.
There are four young men of the lease including my son.
The manager that called me last month to tell me he was evicting the young men was not specific when I asked him to be clear about what my son said/did. He would not tell me. He just said my son said/did "something very bad." I told the manager in response that he better proceed legally with his eviction because they have security that act like thugs and was I afraid they would get physically aggressive with my son.
The summons has checked off: a 3 Day Notice
They have not been to court.
Summons served: Posted to the door on 6/24/2016
This is occurring at the Sunset and Vine Apartments, 1555 North Vine Street, Hollywood, CA
Customer: replied 4 months ago.
The people on the lease are: Ki Ro, Chris Famera, Stephen Clemments, Tomy Salseda, and my son Josh Basseri.
Stephen Clemments never moved in. I don't know why they have him on the lease. They are all on disability social security.
Expert:  barristerinky replied 4 months ago.

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.

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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.

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thanks

Barrister

Customer: replied 4 months ago.
When the boys were told they were evicted, they did not pay the rent for July 2016. I just need time to find my son a new
apartment. I wrote he got the summons on 6/24/2016--not today.
Expert:  barristerinky replied 4 months ago.

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.

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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.

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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.

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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.

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thanks

Barrister

Customer: replied 4 months ago.
Thank you
Expert:  barristerinky replied 4 months ago.

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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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister