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How about if the sheriffs did come at the eviction date but…

Customer Question
How about if the sheriffs...
How about if the sheriffs did come at the eviction date but did not remove you? and left you at the unit? They just said to tell the leasing office they came by. .. hence iam still here
Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
3/2/2016
Lawyer: CalAttorney2, Attorney replied 2 years ago
CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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Dear Customer,

Your landlord probably failed to have their movers or day laborers there to physically remove all of your belongings (when you are forcibly evicted, the landlord must provide movers to take all of your property and place it on the curb). If the landlord missed the date, they are going to have to reschedule it. (This is just a scheduling issue with the Sheriff's department, they do not have to go back to court).

I cannot give you specific legal advice or instruction on this forum, but I would recommend that you consider this a very fortunate close call, and find a way to move yourself before the landlord gets their act together and actually performs a proper eviction. What happens is that all of your property is left on the curb, and any loss (due to weather or theft, or anything else) while it is sitting on the curb is your problem, not theirs. So if you can move yourself, you will best be able to preserve all of your personal property.

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Customer reply replied 2 years ago
I only ask because itl be nice if im in a grey area here... if i can squat just a few more days till i move in to my new apartment it make my life easier. Iam in the state if CA btw so im not sure the mover apply
Lawyer: CalAttorney2, Attorney replied 2 years ago

This is true in the state of CA.

You may be able to get by for a couple of days, but understand that there are absolutely zero guarantees. What you are hoping for is that the Sheriff's department is backlogged (most are) and they are not going to be able to reschedule the eviction to meet the landlord's needs (the landlord is the one that dropped the ball here by not having their movers ready to evict you on the scheduled date).

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Customer reply replied 2 years ago
Thank you Will
Lawyer: CalAttorney2, Attorney replied 2 years ago

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

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