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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I was served with an unlawful detainer when my lease was up

Customer Question

i was served with an unlawful detainer when my lease was up because my escrow was delayed. i still have not moved out and i missed my court appearance today because my car battery died...i still showed up although too late..i offered to pay for the time i am here but management refused to take payment. i am moving out inabout 10 days
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Hopefully, the 10 days is early enough to beat out the Sheriff's forcible eviction.

Unfortunately, by missing your court date you missed the opportunity to defend the action on its merits.

Most counties do give a "courtesy notice" a couple of days ahead of the actual eviction, but you may want to call the Sheriff's civil division and ask what your Sheriff does.

You may also want to consider moving as much of your personal property out of the unit now and placing it in storage. If the sheriff does perform a forcible eviction before you vacate, you will find all of your property placed on the curb, where all damage or loss (weather or theft) is your liability - not the sheriff's or the landlord's! (With the current weather patterns in CA, this is a significant risk).

Customer: replied 11 months ago.
What about the fact thaT i OFFERED TO PAY ..NOT SATISFIED WITH YOUR ANSWER
Customer: replied 11 months ago.
HOW MUCH WILL I HAVE TO PAY THEM..BESIDES RENT
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Your landlord has no obligation to allow you to stay.

I am sorry you are not satisfied with the answer, but I am trying to provide you with practical information that you can use in conjunction with a clear and straightforward statement of the law.

You do not have a right to remain in your unit, the judgment of possession that your landlord received because you failed to show up in court will be enforced by the sheriff and when they show up to do their forcible eviction, you and your belongings will be placed on the street.

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