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RONB-ESQ, Attorney
Category: Landlord-Tenant
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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I am disabled and on disability. My landlord literally

Customer Question

I am disabled and on disability. My landlord literally decided he no longer wanted me living here since I wasn't working. He began the eviction process. We signed a stipulation agreement that stated I would vacate by 1/10/15. It turns out the friend I was going to move in with can no longer take in me and my child (10 yrs old). Is there some hardship stay form I can legally file tomorrow to ask the judge for more time considering I would be made homeless if I left thisSunday as agreed? Can the landlord legally come with a sheriff on 1/11/16 to kick me out even if I do file said hardship/stay request? I live in Contra Costa County, California.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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When you say he decided he didn't want you living there what do you mean? Did you fail to pay the rent when it came due or did you have a lease and he failed to renew it? When you mention stipulation was this part of the eviction trial? Did he actually file the eviction action and was this a settlement you agreed to as part of that hearing or is this just an agreement the two of you put together?

Customer: replied 1 year ago.
He doesn't want to rent to me because I am now on disability. He was willing to work with me when I was working. I have proof he worked with me. It seemed there was discrimination involved. When I went on disability there was a delay in paying rent which he was fine with because he thought I would receive a huge amount from disability for back pay. Once I notified him there was no large back pay he then said he wouldn't take November's rent and he wanted me to move. He then delivered a 3-day Pay or Quit and then he filed the Unlawful Detainer with the courts. I answered the Unlawful Detainer and we were supposed to go to trial on 12/24 but we came to an agreement and both signed a stipulation agreement which included a repayment plan. The stipulation was filed and the judge signed off on it on 12/23. We had not gone to trial yet.
Expert:  RONB-ESQ replied 1 year ago.

I am sorry you find yourself in this situation and can empathize as I am now disabled and some of the things I took for granted don't seem quite fair now. The reality is there is no legal hardship or similar form that would delay what is already agreed to in the stipulation. In your stipulation did you agree to having a judgment entered as part of the terms? Was there any mention that an immediate warrant or Writ could issue if you don't pay? Did the stipulation provide that you would move out by a certain date or did it just address past due rent?

Customer: replied 1 year ago.
No judgement has been entered yet. Yes it does state an immediate writ can be issued if we don't move by 1/10..
Expert:  RONB-ESQ replied 1 year ago.

With it mentioning immediate issuance of a Writ that means that after 1/10 the landlord can take the stipulation (likely signed by Judge) to the clerk and pay to have the Writ issued (prices range from $125-$200). The sheriff will then come out and post notice of the writ and if you are there notify you in person that they will come back in 5 days to remove you and supervise landlord moving property to curb (unless raining) and they will stand by while locks are changed. If it is any comfort you should have 5 days to arrange to get moved after Sheriff comes out. I am sorry to be the bearer of this news, but I do owe it to you to give you the most accurate legal answer I can so you know your rights and can act on those rights.

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Expert:  RONB-ESQ replied 1 year ago.

It is my goal to provide you excellent service and do my best to fully answer the question you posted. The only way I get any credit for my answer is if you give me a positive rating between good-excellent. I would truly appreciate you taking the time to go back and review my answer and give me feedback. In the event you don’t feel like I answered your question please reply so I have an opportunity to fully answer the question you asked. In the event you have already provided feedback and I missed it Thank you and please disregard.



Expert:  RONB-ESQ replied 1 year ago.

I just wanted to follow up and make sure I answered your question. If you have follow up questions please post them here or you can ask me to clarify what I have said to you.