QUESTION
How do I go about the eviction and what are my options?
Asked on Mar 23rd, 2016 on Landlord and Tenant Law - California
More details to this question:
My eviction notice was set for April 3rd but I need more time until my sister comes into town from Baltimore Maryland and moves into her home which should be around April-May. I have nowhere else to go I'm 18, both parents are deceased , and all other family members live in Baltimore Maryland though I do not even speak with them for that to even be an option or have the funds to get down there. I'm being evicted due criminal drug activity, I had nothing to do with the activity and the property manager knows that but I'm still considered guilty by associate being that the people who were involved were in my home at the time as well as the persons hidden drugs were also found in the home after an illegal search was done and then a search warrant was granted later after I was arrested. This is Subsidized Housing based on income, and I'm just at the loss for words that this is even happening to me and no one's saying it's there's so ill most likely be charged at the end of the trail but I just would like to know how to go about this? What are my options? I read about stipulation not sure if that's an option or if I'm even eligible for another 30 days due to the circumstances. PLEASE HELP.
1 ANSWER
I assume you are not in a Housing Authority unit since they have different rules from private ownership apartments. Talk to the owner of the building to see if they will give you more time; you will need to give them a firm date as to when you will be out. If you are on a month to month lease and have been there less than one year, the landlord has to give you a full 30 days notice; were you personally served or did they try to do so and posted a notice on your door and sent you a copy in the mail. If not, then it is not a valid notice and tell the landlord you have to be served again. Point out that the drugs being there was not your fault but you understand why they want you out but they have to follow the legal requirements. You could give them a check for next month and if they take it the 30-day notice is no longer valid. That the original search was not legal is not a defense in the civil case. You could offer to stipulate to a certain move out date, but the landlord would require that you would have to agree if you are not out by then that a judgment of possession against you would issue and the sheriff could serve to evict you. You can not be evicted without the matter having been set for trial. That normally takes at least three weeks and then several weeks for the sheriff to come. It is cheaper for the landlord if you agree to a stipulation.
Answered on Mar 23rd, 2016 at 9:33 PM