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Are there any laws in Ca involving evicting a tenant with…

Are there any laws...

Are there any laws in Ca involving evicting a tenant with mental illness. my daughter lies in a condo owned br her father and he just served her with an eviction notice, Is there any tenant recourse

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Ca.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The lease is just the normal one. i have not seen it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Does this cost money and if so how much

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Answered in 5 minutes by:
3/15/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,596
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Are there any laws in Ca involving evicting a tenant with mental illness.

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From a purely legal perspective, a person with a mental illness doesn't have any special protections under the law if they have violated the terms of the lease, failed to pay rent, or if the lease has expired and the landlord wants to evict.

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As long as the landlord follows the proper procedure to terminate the tenancy and then evict through the courts, a person's mental problems don't' come into play so as to prevent them from being evicted.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

Barrister

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Customer reply replied 4 months ago
Is there any way to stay longer than the 30 days? What happens if she just leaves and does not take her belongings

Has he given her a 30 day to vacate?

.

If so, that doesn't mean she has to leave in 30 days... he would still have to file a formal eviction action in court to get a judgment and a writ that the sheriff would serve to force her to leave. That takes around a month if he is aggressive.

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So she would have at least 2 months from the time the notice was delivered..

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But if she abandoned the property and left everything, after he went through a specific process under CA law that starts with a notice letter, 19 days later he could dispose of anything left there.

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Customer reply replied 4 months ago
She got the eviction notice yesterday delivered by the sheriff. Are you a
Saying she can still have another month after April 12? Are you saying there are more legal papers that must be filed?
Customer reply replied 4 months ago
he has to go file court papers as well?
Customer reply replied 4 months ago
What does a judgement and a writ entail?

Are you a Saying she can still have another month after April 12?

.

Correct.

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So he has to go file court papers as well?

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Correct, he has to file a formal eviction lawsuit after the 30 day notice to vacate expires..

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A judgment is what he gets when he wins the eviction case.. the Writ is what the sheriff executes to force her to vacate as that is a court order for him to put the landlord in possession of the property and remove the tenant.

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Customer reply replied 4 months ago
What is unvolved in filing a judgement?
Customer reply replied 4 months ago
Does a judge actually see all this?
Customer reply replied 4 months ago
Does he have to file in court personally?

Yes, once the 30 day expires, he cant just throw her out and lock the door, he has to go to court, see a judge, have a hearing, get a judgment and a writ, then have a sheriff come out 5 days later and force her to leave if she is still there..

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Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,596
Experience: Attorney over 17 years, landlord 26 years
Verified
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