Eviction Process Timeline California

Summary

In California, after a property auction, the new owner must give a 3-day notice to quit. If you dont leave, they can file an unlawful detainer lawsuit, which may take 2-6 weeks if uncontested or several months if contested. During the lawsuit, you can access the property until a court orders eviction. To contest, file a response within 5 days, raise defenses, and request a trial. Consult a local attorney for personalized advice.

Full Conversation

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Hi ****, nice to meet you. How may I assist you with your legal issue today?
I am the trustee of my mother’s home. She passed away. Unfortunately, I did not keep up the mortgage, and the house is being auctioned on January *, * in California. How many days do I have after the sale to vacate?
In California:
- The new owner must give you a *-day notice to quit.
- If you don't leave, they can file an unlawful detainer lawsuit.
- The court process may take several weeks to months.
You should consult a local attorney for personalized advice.
Can I come and go from the house during the timeframe of the unlawful detainer lawsuit. Without being locked out.
Yes, ****. During the unlawful detainer lawsuit, you have the right to access the property until the court orders eviction. However, this doesn't prevent the new owner from changing the locks after the eviction order. It's advised to consult a local attorney for more specific guidance.
so they can’t take control the property and until after the eviction notice is submitted.
Yes, ****. The new owner cannot take control of the property until after a court order has been issued. They must follow the legal process of eviction. Always consult a local attorney for personalized advice.
How long does it usually take for an unlawful detainer lawsuit take
In California, an unlawful detainer lawsuit may take:
- About *-* weeks if uncontested.
- If contested, it may take several months.
This time frame may vary depending on court schedules and other factors. You should consult with a local attorney for more personalized advice.
How do I contest it?
To contest an unlawful detainer lawsuit in California, you can:
- File a response within 5 days of receiving the notice.
- Raise defenses such as improper notice or condition of the property.
- Request a trial.
Please consult with a local attorney for personalized advice.