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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117401
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My landlord filed a U.D. case against me after he had me

Customer Question

My landlord filed a U.D. case against me after he had me served with a 30 day termination of tenancy. I have been a tenant for over a year & was entitled to a 60 day. I submitted my answer with this info & landlord presented false proof of shorter residence during hearing. I was late to court,missing the hearing of my case due to 2 tires on my car being deflated. substitute Judge granted judgement in favor of landlord & issued writ on that day dec 15th. I knew I had to file a motion to set aside judgement but needed help with docs & advice so I got help thru a local free legal group who put together doc to file. we filed an EX PARTE APPLICATION FOR ORDER SHORTENING TIME, a STAY OF EXECUTION OF THE JUDGEMENT AND a 473 MOTION with PROPOSED ANSWER on Dec 29 with a court date of Jan 4th. When I went to court before a different judge in same dept & room on the 4th, she briefly read over the docs, asked me why I missed the last hearing, I told her about the flat tires causing me to be late to court & miss my hearing & my suspicions that the landlord was involved as he has shut off my power & water & heat, he has threatened me with physical harm & been verbally abusive throughout the 13 months Ive lived there. the judge asked if i had filed a police report about my tires and I replied that I did & had photos. The judge only replied with "your motions were not filed in a timely manner, your request for a stay is denied" The attorney who helped me initially said he cannot help me that I need someone with more experience with cases like this. Today the 5th the sheriff posted the NOTICE TO VACATE on my door. Do I have any recourse or is there any way to stop the vacate order & have the opportunity to defend myself in court & present my proof that the whole case is null due to never being served with the proper legal notice of a 60 day notice? I need help ASAP
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the problem is that you were right in that you were entitled to 60 day notice, but if you were late in filing the motions to stay and appeal the court has no choice but to deny you. The only remaining thing you can try, and it is not a high probability of success, is an appeal to the superior court with a motion to stay in the superior court.
Of course, as this was only a UD action, you could seek to sue the landlord after for an unlawful eviction, breach of lease and for damages in the amount of the costs of the move and seek civil damages for him improperly obtaining the UD, but that will not stop the eviction, it is a money remedy instead.
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