Summary
A three-day notice to quit in California can be served by personal service, substitute service, or posting and mailing. If the tenant does not leave, the landlord may file an unlawful detainer lawsuit. The tenant has five days to respond to the summons and complaint. If no response is given, a default judgment may be issued, and the sheriff could remove the tenant in about 15 days. Disabled tenants may qualify for additional protections under the ADA or FHA, potentially extending the eviction timeline. Contacting local disability advocacy groups or pro bono legal services can provide further assistance.Full Conversation
How is a three day notice to quit served in an eviction process
Hello ****, the serving of a three-day notice to quit in an eviction process can vary based on location. Could you please provide your location so I can give more accurate information?
California
In California, a three-day notice to quit can be served in the following ways:
- Personal service: Handing the notice directly to the tenant.
- Substitute service: Giving the notice to a person of suitable age and discretion at the tenant's residence or business.
- Posting and mailing: If the tenant is not there, post the notice in a visible place at the property and mail a copy to the tenant's address.
I’ve already talked to somebody here before. But I wanna make sure I have everything correct in my mind. My issue is my house was sold to prevent it being sold at auction due judgment. The new owners gave me to March * to leave the house. Unfortunately, I am disabled with limited monies and not able to leave at this time. What course of action can they take to have me leave the house. And if you can give me timelines, it would be great.
In California, the eviction process after a *-day notice to quit is:
*. If you don't leave, the new owners may file an unlawful detainer lawsuit.
*. Summons and complaint are delivered to you.
*. You have 5 days to respond.
*. If you don't, a default judgment could be issued, and a sheriff could remove you in about 15 days.
This is a general timeline and can vary.
Would there be some time between the filing of the unlawful detainer, and the summons and complete delivered to me
Yes, there is typically a period between the filing of the unlawful detainer and the delivery of the summons. This period can be several days to a week, but it varies based on court schedules and other factors.
For what I heard I have a five day period before the judgment and the sheriff forced me to leave
Yes, ****, that's correct. After the court issues a judgment, you generally have five days to leave. Otherwise, the sheriff may force you to vacate. This time frame may vary depending on the situation and locality.
Might be disabled, make a difference
Yes, ****. In California, being disabled can potentially affect the eviction process. In some cases, you may qualify for additional time or resources. Would you like me to find more specific information for you?
Yes
****, I understand your concerns. To provide you with the most accurate information, could you please specify your disability? This will help me understand what specific laws and provisions may apply to your situation.
.
****, your specific disability could potentially qualify you for additional protections under the Americans with Disabilities Act (ADA) or the Fair Housing Act (FHA). These laws provide certain protections for individuals with disabilities in housing situations.
I was recently approved for Social Security disability insurance. I have multiple conditions which would cause me to likely die if I end up on the streets. I am trying to get housing now that my disability insurance is approved, but it takes time.
I'm sorry to hear about your situation, ****. Under the Fair Housing Act, landlords may be required to provide reasonable accommodations for disabled tenants. This might include extending the eviction timeline. Additionally, consider contacting local disability advocacy groups for assistance. They can provide resources and guidance during this challenging time.
I’m gonna reach out tomorrow to a disability pro bono and see if there’s a chance that they can give me some
That sounds like a good plan, ****. Always remember, pro bono organizations can provide valuable guidance for your unique situation. They can help you understand your rights and options under the law. Good luck!
Thank you
You're welcome, ****! Don't hesitate to reach out if you need any further information. Wishing you the best with your situation.
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