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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31560
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My family and I have received a notice of unlawful detainer.

Customer Question

My family and I have received a notice of unlawful detainer. We received a 3 day pay or quit notice and contacted our landlords attorney to make arrangements to pay. We offered to pay 3 months in advance and they refused it, requiring 6 months. We received the request for a default judgement which was stamped with a file date prior to when we had a meeting set to pay them. Our land lords do not speak ANY English, they refer us to their attorney's office, who speaks NO English... We have tried more than once to pay these people and they refuse it. Now we receive a Notice of filing of an Unlawful Detainer and we're not sure what to do! Obviously we are looking for another place to live, but do not want an eviction on our record and have no idea how long we have before the Sheriff shows up to lock us out. We are happy to pay our rent, these land lords have made it impossible and have filed paperwork with the court before giving us any notice. Just not sure what we need to do next! ***@******.***
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Unfortunately, there's no way to stop the landlord from proceeding with the eviction if the rent has lapsed and the lease is in default. Thus, you are doing the right thing by trying to find alternate housing. But, you should have some time to vacate....usually, you'd have at least until the court hearing, and more than likely the judge will give you some time after the hearing (10 days or so) to vacate the premises.

Here's a good link you can read: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

Expert:  Roger replied 1 year ago.

Here's another good link: http://traklawoffice.com/2010/09/key-provisions-of-calfornia-residential-landlord-tenant-law/

Per the link, a hearing is required to occur within 21 days, so you've probably got at least that much time to get your affairs in order IF the landlord will not work something out with you.

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