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How can i stop 5 day notice to vacate?

how can i stop 5 day notice to vacate?
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Answered in 1 minute by:
9/22/2010
RobertJDFL
RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 14,065
Experience: Experienced in multiple areas of the law.
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Chat Conversation Started
RobertJDFL :

Thank you for your question. You can't really stop a 5 day notice to vacate, but you don't have to be out after 5 days, either.

RobertJDFL :

If you don't leave within the 5 days, the landlord would have to file a lawsuit for eviction

JACUSTOMER-4iyfpwuu- :

thank you for replying ! the landlord has filed a unlawfull detainer / summons and i did not apper to court becouse i didnt find the court date. now today i recieved a "notice to vacate from la county Sheriffs 5 days to vacate" i would like to take action by going something

RobertJDFL :

So you never answered the unlawful detainer?

JACUSTOMER-4iyfpwuu- :

no i did not becouse i didnt know when is my court date

RobertJDFL :

They would have set the case for hearing after you answered the unlawful detainer

RobertJDFL :

Because you didn't answer, the judge issued a default judgment

RobertJDFL :

in favor of the landlord

RobertJDFL :

So, you need to file a Motion to Set Aside Default Judgment

RobertJDFL :

And in the motion, you would state that the default judgment should be set aside due to excusable mistake

RobertJDFL :

Let me see if I can find you a form

RobertJDFL :

So long as these motions are brought in good faith and not for the purposes of delay, the court normally grants the motion to set aside the default, allowing a party to defend themselves

JACUSTOMER-4iyfpwuu- :

By me filing the motion will the court place a hold on the sherrifs vacate notice?

RobertJDFL :

I

RobertJDFL :

I'm still here -just give me a moment to research

JACUSTOMER-4iyfpwuu- :

thank you

RobertJDFL :

I would suggest also filing an Emergency Motion to Stay Eviction/Notice to Vacate

RobertJDFL :

which asks the court to essentially STOP all proceedings until the court can hear more on the matter

RobertJDFL :

in this case, until they can hear the motion to set aside the default

RobertJDFL :

Let me see if I can find you forms

JACUSTOMER-4iyfpwuu- :

thank you

RobertJDFL :

Perfect -I found a form that combines the Motion for Stay and Motion to Vacate.

RobertJDFL :

http://www.courtinfo.ca.gov/programs/cfcc/pdffiles/motvacdef.pdf

RobertJDFL :

This one is from Ventura County, but your Clerk of Court may have the same form in its county

RobertJDFL :

Or you can just re-type this form inserting your county

RobertJDFL :

You would want to fill it out to ask that the default be set aside due to your mistake and inadvertence

RobertJDFL :

And ask that proceedings be stayed because you would suffer hardship if the judgment were executed at this time

RobertJDFL :

http://www.courtinfo.ca.gov/programs/cfcc/pdffiles/ordmotvac.pdf -that's the Order granting the motion

JACUSTOMER-4iyfpwuu- :

ok i feel little better that i have option to file the form that you have explained to me. but i am not good at filing legal documents , would this be something that would inrested you to do for a fee?

RobertJDFL :

I'm sorry, the rules of this site forbid me from doing that -but take a look at the link -it's literally a matter of filling in the party names and choosing what you want the court to do

RobertJDFL :

If you have questions about it when you review it, you can always reply to this question later and ask for clarification of something

RobertJDFL :

Also, most of the Clerk of the Courts in California have "self help" centers to assist people who are representing themselves in court

RobertJDFL :

They are staffed by attorneys and I don't believe have any fees

JACUSTOMER-4iyfpwuu- :

ok really want to click on the link but im not sure i may loos the chat with you. maybe i need the save the shat so i can fallow the instraction i got from you

RobertJDFL :

You can call the Clerk of the Court in your county and find out if they have such a self help center

RobertJDFL :

Well, I would cut and paste it into a separate window

RobertJDFL :

Otherwise, we can exit the chat and you can look at the link

JACUSTOMER-4iyfpwuu- :

ok just a moment please.

RobertJDFL :

sure

JACUSTOMER-4iyfpwuu- :

Mr Robert i copied our chat so i can fallow the instraction. I'm very satisfy for your help and i realy appreciat it thanks alot for everything. if i may need help regharding this matter do i have option to get back to you or request you?

RobertJDFL :

Absolutely -if this question closes, you can always just start a new question by putting "For RobertJDFL" in the subject line, and I'll grab it the next time I'm online (which is often)

RobertJDFL :

It was a pleasure to assist you!

RobertJDFL :

Please remember to press accept so I am credited for my time. Thanks!

JACUSTOMER-4iyfpwuu- :

thanks alot and yes i will press accept

RobertJDFL :

Thanks -have a wonderful evening

RobertJDFL
RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 14,065
Experience: Experienced in multiple areas of the law.
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