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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10236
Experience:  Civil litigation attorney for individuals and businesses.
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My girlfriend and i are in a very bad situation. we received

Customer Question

Hi my girlfriend and i are in a very bad situation. we received a five day notice to vacate and it said to be out by the 28th which of course is today. We both were not working but just found work this week which is terrific, but what can we do to stop or delay this in order to gain time to have the funds to go elsewhere. I know we will be fine in two weeks when we get our checks but we must stop this. We have a twelve year old and a six year old and I have no idea what to do. This would be way too much for them to handle. We have kept it from them thus far. Please I need some good advice.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

In reviewing your post, it appears that you are already past the UD action (the landlord has already served you with the "3 day pay or quit" and has filed an unlawful detainer, received a judgment of possession, and has gotten a writ of eviction).

You are now at the point where the County Sheriff is going to forcibly evict you from the property.

Unfortunately there is very little that you can do at this point to stop the process.

You can try contacting the landlord to see if they are willing to extend you any courtesy in this situation (they may be willing to if you show them proof of employment and ability to pay), but they have no obligation to do so, and keep in mind from their perspective they may be less willing to do so as they have expended significant time in going through the eviction process.

If the sheriff does have to forcibly evict you, the landlord will provide movers and your property will be moved to the street curb and left there while the sheriff oversees the process. You will be responsible for the safekeeping of your property (any loss due to theft or weather damage is your risk, not the landlords).

You can try making a motion to the court to "stay the eviction" - but if the move out day was the 28th (Saturday), it may simply be too late - really this motion should have been filed immediately after the judgment was entered, and courts only grant the motion in extreme circumstances - such as an occupant with a significant medical issue that will be exacerbated by moving, and they will only grant a short continuance - such as 2 weeks.

Even if you get money together at this point, you cannot force the landlord to accept you back (assuming my understanding is correct and you are post-judgment). The landlord is entitled to possession and you need to find a new place to live.

Contact your local County housing authority and ask for emergency housing assistance, they can help you with placement and benefits.

See this link for more details and information on the unlawful detainer process in California: http://www.courts.ca.gov/selfhelp-eviction.htm

Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Looking at your post - did you also pay a service to represent you in your eviction? (I assume that this was a non-attorney that was engaged in the illegal practice of law).

You can sue them for breach of contract (http://www.courts.ca.gov/selfhelp-smallclaims.htm), and report them to the California Attorney General - here: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company (the AG's office can investigate the business and take administrative and potentially criminal action against them - they will not recover your money for you, you must sue them in small claims court to do that).

But unfortunately, this does not affect the information I posted above regarding your situation with your landlord. If my understanding is correct and your landlord has a judgment of possession against you, you can either (a) negotiate something with your landlord (for which they have very little incentive to work with you); or (b) move, quickly.

If you do not, expect the landlord to arrive, accompanied by the Sheriff, and your belongings will be moved onto the curb. (I am not saying this to be unnecessarily cruel, but I do want to be very clear what will happen so that you are not taken by surprise - it appears that you have already been lied to by unscrupulous individuals).

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