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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35834
Experience:  Attorney over 16 years, landlord 26 years
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I live in California and recently was given a notice to

Customer Question

Hi I live in California and recently was given a notice to vacate by the Santa Barbara Sheriff. My landlord gave me a 3 day notice to pay rent or quit, which I did not respond to. Then he gave me a summons that I am being sued by him, which I did not respond to either because there was no court date notice or any information about the next step I needed to take. Today I was given the notice to vacate. Is there anyway that I can stop this notice? If so, how can I do so?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: A 3 day notice to pay rent or quit, summons, and notice to vacate
JA: Anything else you want the lawyer to know before I connect you?
Customer: The living situations are filthy. Ants are everywhere and there is mold in the bathroom. The water heater is very loud and seems unsafe. The landlord did maintenance on the pipes upstairs, which caused water to leak onto important belongings and ruin them. I do not believe that he had knowledge of what he was doing and in consequence ruined irreplaceable belongings.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 5 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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Did you pay the rent when due or within the 3 day notice period?

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When you received the summons, didn't it have a court date on it notifying you when you needed to go to court for the eviction case?

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Was the notice you just received a 24 hour notice to vacate?

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thanks

Barrister

Customer: replied 5 months ago.
I did not pay the rent when due or within the 3 day notice period.
The summons is an unlawful detainer- eviction. There is no court date on it, except for the date the the summons was filed by the superior court.
The notice to vacate is a 5 day notice.
Expert:  barristerinky replied 5 months ago.

Ok, thank you for that information. I hate to have to tell you this, but if the rent wasn't paid and you didn't appear for any unlawful detainer hearing to fight it by claiming that the property was uninhabitable, then if a judgment was entered against you, it is unlikely that a judge would agree to set aside the eviction judgment and stay the execution.

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You can file a motion for a "stay of execution" with the court that entered the judgment and ask that the execution be stayed for a period of time, but you will need to come up with a good reason for the judge to do so as it is entirely up to the judge as to whether or not to do so. Any problems with the unit are issues that would have to have been brought up at the UD hearing.

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If the judge agreed to a stay, they are normally fairly brief, as in a week or ten days before the landlord could then move forward with the eviction.

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So I hate so say it, but to have a chance of beating a court case, you have to show up and fight it..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 5 months ago.
Okay thank you
Expert:  barristerinky replied 5 months ago.

You are very welcome. Happy to help any time, even if the news was kind of lousy..

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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

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