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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37365
Experience:  Attorney over 16 years, landlord 26 years
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I received a Notice to Vacate from the Sheriff's Dept in

Customer Question

I received a Notice to Vacate from the Sheriff's Dept in California. I did not answer the unlawful detainer Summons. This morning I received a 5 day Notice to Vacate from the Sheriffs Dept which states: " You are ordered to vacate the premises described in the writ no later than 3/05/2016".
Do I still have the ability to file documentation and extend my time to vacate? I happen to be moving into a new building but it isnt complete for move in yet so dont want to be caught in limbo.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Do I still have the ability to file documentation and extend my time to vacate?

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You can file a motion to stay execution and ask the court to give you a little more time...

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This is a link below to a guide with forms for Stanislaus County, but the forms are the same for every county, you just change the name of the court and county...

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Ex Parte Stay of Execution

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thanks

Barrister

Customer: replied 1 year ago.
Is it at the courts discretion to grant me additional time? And how soon will I know what the courts decision is?
Expert:  barristerinky replied 1 year ago.

Yes, it is entirely up to the judge as to whether or not to give you more time..

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And how soon will I know what the courts decision is?

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You have to file it at least 48 hours before the set out is to occur, and give the landlord 24 hours notice you will be filing the motion. You will receive an actual hearing date within that 2 days where you attend and explain your situation and the judge will then make the decision then and notify the sheriff.

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thanks

Barrister

Customer: replied 1 year ago.
Im sorry Im unclear on when you said "You will receive an actual hearing date within that 2 days where you attend and explain your situation." So this means I will *receive* a date within the 2 days or the *actual date* will occur within the 2 days?
Expert:  barristerinky replied 1 year ago.

You should have a hearing within 2 days of filing the motion.. That is the point of the emergency nature of this type of motion...it gets heard very quickly..

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thanks

Barrister

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