What can I do to delay an eviction in California?
I have been told that the sherrif will evict me thursday morning, but I get paid friday morning. I have asked for a 1 day extension through my landlord which they said they couldnt do. Is there any legal motion that I can quickly file that will buy me at least 1 extra day to settle the debt and avoid the eviction?
Answers:
You could try to get a temporary restraining order against your landlord. In my state, it would be valid for 10 days without a hearing. It is possible you could find a sympathetic judge who would give you a TRO, but it's not going to be easy. If you tell the Judge you only need a day, maybe you could get it--but can you even pay the court filing fee? This doesn't guarantee that you can settle the debt either. If the sheriff's involved, the landlord already has been to court. The best thing to do is quit fighting it and move. The only legal remedy I can think of at this point is a TRO. Perhaps if you have a really compelling reason, you could buy yourself a few days--like you're caring for a sick or elderly relative, for example. Or you have small children and no where to go--those kind of reasons.
I am sorry to tell you this but at this point it is too late, even if you could get the extra day to move out the eviction can not be stopped.
For those of you who don't know if the sheriff is already involved it has already gone through the court system and any grace period allowed to pay the rent has already passed.
1) I think in California they have to give you a 30 day eviction notice. 2) Not 100% positive on this, but in every apartment and house I have ever rented, I always had 5 days to pay rent, just in the case that payday didn't fall right on the 1st. 3) call the fair housing hot line, you can find the number on internet, they should be able to help you out. Hope all work out for you.
Get a payday advance.
There are a few things you either can do or should have already done. When the landlord first gave you a three day pay-or-quit notice, he then had to follow with a 30-day eviction notice. At that time, it was your responsibility to go to court in your county to answer the notice. That would then put you on the docket for a hearing in an eviction court. After court (or after a settlement arrived-upon out of court) you would be given a certain agreed-upon amount of time to vacate. If, by that deadline, you had not vacated, the sheriff will remove you and your belongings from the premises. If you haven't done anything up to this point, you MIGHT be able to file a bankruptcy with a lawyer or paralegal (paralegals can do it, and are cheaper) and that can keep you there until such time as you appear in bankruptcy court. Still, after that appearance, you will have to move out on or before the appointed date.
Most likely, you've waited too long, and you'll just have to bite the bullet and leave.
You didn't indicate why you were being evicted. If it's due to any fault of your own, the best thing for you to do is leave. If there are problems with the unit you live in that render it uninhabitable, then you may have some leverage, but honestly, probably not much. Most courts side with the landlord, because landlords pay property taxes, and often are evicting tenants for non-payment of rent, or damage to the unit, or committing illegal activities, all of which cost the landlord large amounts of money in the end, and keep the unit tied-up during the eviction process, which means the landlord is paying out of pocket for the deadbeat tenant to live there.
But, if you can prove the landlord was a slumlord, or kept the unit in a substandard condition, or if you can file for bankruptcy, you MIGHT have a chance, but it's slim at this late date.
Unfortunately, it's to late to little. If the cops are coming thursday, it means the landlord already followed the tenant eviction process: Waited an appropiate time for your to catch up on the rent. Then went to court. Had a judge approve an eviction. Gave you notice of such, and now will be forceably thrown out by the cops.
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