Krismarhol
New Member
- Jurisdiction
- California
I discovered by calling the Court Clerk that a default judgement for eviction has been awarded against myself, my husband and my brother. My husband and I moved to California from Louisiana and stayed with my brother briefly while we resettled. At some point my brother did not pay a portion of the rent to the home owner and received a 30day notice, which he did not disclose to my husband or I. On Nov 5th the owner of the home informed me that he gave a 30 day notice to my brother the month prior and that we were supposed to be out by Nov 9th and he wanted to know when we would be vacating. He proceeded to tell me that my brother informed him that he had already moved out of the home but that my husband and I were still in the home. I was completely shocked and panicked to the point of tears by this news out of the blue. I informed the owner at that time my brother still lived in the home and was lying for some reason. The owner told me that he was not interested in the rent for that month he jus wanted his home back by the end of the month and that he also wanted to change the locks to the housee since my brother told him personally he no longer lived in the home. He said he was willing to give a new key to my husband and myself while we stayed to found somewhere to move with our children, we have 5 kids ages 16 to 2. I then spoke with my brother and told him I had spoken to Todd the owner regarding the rent not being paid the previous month and the 30 day notice he received as well as him lying about no longer living in the home. I told my brother that the owner had agreed to allow myself and the kids to stay until the end of the month while we looked for another place and that he was going to be changing the locks that afternoon as we agreed upon in our conversation. My brother then got upset and said Todd had no right to discuss with me his business as the home was leased to Harry Holmes Jr. only. I never discussed money, rent or lease the whole time I was their with Todd that was between him and harry. A few hours after talking to my brother I got a call from Todd stating that my brother called him angry and threatening him saying that he did in fact still live in the home and that he could not change the locks. Todd said because of this he would be hiring an attorney to start eviction proceedings to regain possession of his home but that my family and I would be fine as long as we vacated as agreed upon which we did. Todd hired a property management company that served eviction papers that included my name my husbands name and my brothers name on the complaint. I did not responded to the notice because I had spoken with the owner, my mother and friend Jermaine spoke with the owner who agreed my family had until the end of the month to move. I did not no I needed to respond because I was never on the lease nor was I a tenant I simply stayed with my brother a few months while we tried to get situated in California. I need to know what I can to get this off my record so that my credit and wages a rent attached. I read I can request an ex parte hearing to vacate the default judgement. Is this what I should be doing? How can the landlord get an eviction against my husband and I if we never made an agreement or arrangements with him. We didn't not pay him my brother did.
