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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2982
Experience:  associate attorney
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I am being evicted. My landlord gave us a letter days to

Customer Question

I am being evicted. My landlord gave us a letter for 5 days to move out and refused any more money from us on 10/17/15 never gave us 30 day notice. In less than 30 days from that we where in court on 11/12/15 and the judge told him he had to file the 30 day notice to move out. and set a date for 01/14/16. Then he obtained counsel who file a motion for immediate possesion and returned yo court 12/03. We didnt recieve any notice but found out ourselves by looking up online that there was another court date on 12/10 seeking immediate possesion again. At court the lawyer asked for immeditae possesion and the judge ordered escrow. We never had an opportunity to speak. The judge moved the court date from 01/14/16 to 01/21/16 and then on the court website it says 10 day poss granted by order 12/28/15. I read that i could appeal online, but the clerks claimed that my period was over and that the writ of possesion would be issued. Is there anything i can do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If the court finds that the tenant has breached the lease or failed to pay rent and that the notice and service requirements were effectuated properly, then the court should grant possession and a judgment for damages. The "writ of possession" (grant of authority to claim possession) will not be issued until the 10 day appeal period is over unless you requested immediate possession for failure to pay rent or a non-remedial breach of the lease (which is what it sounds like happened). I think you might be mistaken on what happened initially as the court must give you 30 days to vacate but the landlord can petition for less time. It also sounds as if you did not respond initially, although I am not sure.

The writ of possession will be issued to the sheriff, which will give him no later than 30 days, but less than 15 days if practicable, to take possession for you. Before the sheriff does, he will serve the tenant with 72 hours notice that the he intends to execute his authority to secure possession. The notice will include the date and time of this execution and will notify the tenant that he has 24 hours after being removed from the property to collect his things. The sheriff will remove the tenants and any unauthorized hangers on and he will put all the tenants belongings on the curb. If the tenant fails to collect the belongings after 24 hours they are considered abandoned and you may do with them what you wish.

You could try to file a motion to reconsider as it seems like your 10 days to appeal have passed. See link for form: I would highly recommend that you retain an attorney although at this point it might be too late. The process can be difficult if you are not familiar and are going up against an attorney with no counsel of your own.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq. replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer if satisfied (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated

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