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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10236
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I stay in a apartment complex me and the landlord went to

Customer Question

I stay in a apartment complex me and the landlord went to court and the judge did not give me a move out date. He told the landlord to work with me and that they have 48 hours to come out and fix everything in my apartment and he also told the land lord to write a promise note but they didn't do anything so now they trying to put me out after I brought my money to them . what can I do about this?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 9 months ago.

If the court issued an order requiring the landlord to take specific action (repair or remedy issues with the unit), and the landlord has failed to do so, you need to make a motion to the court asking for "enforcement of a court order and sanctions."

You can do this by simply filing a motion in the same case as the one in which the court issued the existing order, check with the court clerk when you file, let them know it deals with "habitability" of the unit, most of these kinds of matters are heard on an expedited basis, so they will give you an earlier hearing date. If they do not have a prompt hearing date, you will want to make an "ex parte" motion, the court clerk will give you information on your court's ex parte calendar (where you file the motion with only 24 hours notice to the landlord and appear in court on the same day).

Customer: replied 9 months ago.
Even if they filed writ of possession
Expert:  CalAttorney2 replied 9 months ago.

Did the court issue a judgment of possession?

(I want to make sure I understand what is going on - did the landlord get a judgment giving them possession, or did you get a judgment telling the landlord they had to make repairs?)

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