eviction

Vdacious said:
eviction court will they give you time to move without a judgement
Click to expand...


Sadly, the court won't give you time to voluntarily vacate.

In CA you have a week, maybe ten days (give or take) AFTER the judgment has been rendered before the sheriff arrives to evict you.

Rather than face such a sad event, why not get out BEFORE the court hearing?

Ask your landlord to consider dropping the case if you leave within the next week (or 10 days, 14 days, etc), get it in writing and signed.

An eviction will crush your hopes of renting decent housing, including public housing all over this nation for DECADES.
 
So I was reading California law my landlord gave me 3 day pay or quit on a Friday March 11since weekends don't count he can't evict me for non payment if I paid on March 15?
 
Vdacious said:
So I was reading California law my landlord gave me 3 day pay or quit on a Friday March 11since weekends don't count he can't evict me for non payment if I paid on March 15?
Click to expand...


You need to reread the California eviction law.

Your landlord can't evict you.
A landlord brings an eviction complaint to court.
A judge hears both sides, eventually ruling to evict you, or not.

A three day notice to pay or vacate means just that.
It's a request to pay or quit.
It's not a court order.
The landlord has to follow each step exactly as laid out in the law.
If one mistake is made, the LL must start over, or risk having the case dismissed by the judge.

In your example, notice was given to you on March 11, a Friday.
Let's presume the notice was correctly written, and properly given to you.

You must pay in FULL all monies allegedly owed to the LL no later than
three days after March 11.

First, let's describe the notice:


Landlords use the three day notice when the tenant is behind on the rent.

The notice must:

Be in writing;
Say the full name of the tenant or tenants;
Say the address of the rental property;
Say exactly how much rent the tenant owes* (the notice cannot go back more than 1 year, even if the tenant owes back rent for a longer time, and it cannot include any charge other than rent);
Have the dates the overdue rent is for;
Say that this rent must be paid in full within 3 days of receiving this notice or the tenant must move out;
Say the name, address and phone number of the person the rent should be paid to;
Say the days and times the tenant can pay the rent he or she owes, and the address he or she can pay it at; and
If the tenant can pay the back rent by mail, give the address the tenant should send the money to.
* The notice must NOT include other money the tenant owes, like late fees, interest, utilities, or damages.


The LL must serve the notice on the tenant properly.

the LL can do it personally, or can ask a friend to do it.

The LL can also hire a process server. The person who serves the notice must be at least 18 years old.

There are 3 ways to serve the notice:

Personal service: LL or someone else gives the notice directly to the tenant in person.
Substituted service: If the tenant is not home, LL can leave the notice with a member of the household, at least 18 years old, where the tenant lives AND then mail a second copy to the tenant at the property.
Posting and mailing ("nail and mail") service: If there is no one home to leave the papers with, LL can tape or nail the notice to the front door or somewhere where it can be seen easily AND send a copy by mail to the tenant at the property.



Once LL has given the tenant notice, LL must wait until the notice period is up to see if the tenant does what the notice asks within the time allowed. If the tenant does not comply, LL can file an unlawful detainer case in court to evict the tenant and request back rent. If the tenant does what the notice requires (like pay the back rent in full), then LL cannot file an unlawful detainer case.



How LL CA LAWS count the days in the notice period:

The first day is the day after the notice is served. MARCH 12th in your example.

Then you count every day on the calendar, including weekends and holidays.

If the last day of the notice period falls on a holiday or weekend, then the notice period ends the next work day.

So, March 12th is day 1, (SATURDAY); day 2 can be on the weekend.
So, March 13th is day 2. (SUNDAY)
The third day is March 14th, Monday.
Monday, March 14th was the last day you had to vacate or pay in full the money's demanded by the LL. you had until the end of business, normally 5:00 PM to pay up, or get out.

If you failed to pay up, or get out, YES, the LL can file for an eviction.

If, however, you offered payment in full on MARCH 15th, and the LL accepted the payment, he can file an eviction, but you appear in court when directed and inform the judge with PROOF you paid, the case will be dismissed.

If the LL refused payment, that was the correct thing to do, because the payment offered was after the deadline.

It usually takes six to ten weeks, in some more populous counties it can exceed twelve weeks before the matter gets to trial.

It normally takes four or five days after the trial, sometimes longer, before the sheriff arrives to actually evict you.
 
So I have a 5 day grace period written in my rental contract rent due on the 10th I paid on the 15 as I always have he still can evict me?
 
Vdacious said:
So I have a 5 day grace period written in my rental contract rent due on the 10th I paid on the 15 as I always have he still can evict me?
Click to expand...

Not knowing all the facts of your issues with your landlord, all I can say is he can issue you a pay up or get out notice. That's just a request. It's not an order. Only a judge can issue an order.

I explained all of that above.
Read it carefully.

Continuing - if you paid in full within the three day window, as I explained above, it should be over.

If you were late, or the LL thought you were late, or the LL was just a lifelong jerk; he could the file an action with the court asking that a trial be held with him seeking to convince the court to order you to be evicted.

Continuing - if the LL filed for the eviction hearing, you'll be served legal papers by a sheriff's deputy, or process server.

Read the papers as the instructions are written clearly as to what you should do next.

Eventually the trial date arrives, the LL appears,you appear, the trials held, the judge decides.

Only the judge can order you to be evicted.

The LL can only ask you to pay up or get out.

Last comment: If a LL files an eviction action against you, that alone will make it almost impossible for you to ever rent decent hosing, including government funded housing projects. That's the result if you prevail.

If the LL wins, it's even worse for you.

Good luck.

Try to negotiate this to avoid your LL filing for your eviction.
You don't want to get your life destroyed by being evicted.
It can even affect you getting a job.
It'll devastate your credit, too.
If I were you, I'd get busy trying to fix it.
Play the game, do whatever it takes (MORALLY AND LEGALLY OF COURSE) to avoid going to court.
Fix it.
 

Share this page

Get a free case review from a lawyer
Back
Top