Eviction Process California Timelines
Summary
In California, the eviction process typically involves a notice period (3-60 days), filing and serving an eviction lawsuit (about 1 week), a court hearing and judgment (20 days after tenants response), and a sheriffs notice to vacate (5 days). Disability protections may offer some relief, including anti-discrimination laws and reasonable accommodations. Seek legal counsel or pro bono services for personalized advice.Full Conversation
I’m in California. I had to sell my house in February to prevent it being sold at auction due to , I am disabled with limited resources and unable to find a new home. I was just approved for SSDI this week, but it takes time for it to come into fruition. It is likely I will face eviction as soon as today. I wanted to know the process and the timelines, and whether my disability can be considered.
Hello ****, sorry to hear about your situation. In California, the eviction process typically follows these steps:
*. Notice of eviction: Landlord must serve a written notice.
*. Unlawful detainer lawsuit: If you remain in the property, the landlord can file a lawsuit.
*. Court judgement: If the court rules in favor of the landlord, you will be ordered to vacate.
Your disability could potentially be considered for special protections. Seek legal counsel for personalized advice.
*. Notice of eviction: Landlord must serve a written notice.
*. Unlawful detainer lawsuit: If you remain in the property, the landlord can file a lawsuit.
*. Court judgement: If the court rules in favor of the landlord, you will be ordered to vacate.
Your disability could potentially be considered for special protections. Seek legal counsel for personalized advice.
do you know what protections I can get under disability?
Hello ****, in California, disability can grant you certain protections:
*. Discrimination based on disability is illegal.
*. Landlords are required to make reasonable accommodations.
*. Landlords must allow tenants to make necessary modifications.
Please consult a lawyer for specifics to your situation.
*. Discrimination based on disability is illegal.
*. Landlords are required to make reasonable accommodations.
*. Landlords must allow tenants to make necessary modifications.
Please consult a lawyer for specifics to your situation.
Since I’m not a tenant and this is my property that was sold would there be options for me as a disabled person?
Hello ****, your situation is unique. As a disabled person, you have certain protections:
*. Federal Fair Housing Act prohibits discrimination.
*. You may be eligible for emergency housing assistance programs.
Please consult a lawyer or local social service agency.
*. Federal Fair Housing Act prohibits discrimination.
*. You may be eligible for emergency housing assistance programs.
Please consult a lawyer or local social service agency.
is the new owner to come into my home without my permission. The contract states at the home was sold as is, and there is nothing in it about access to assess it.
Hello ****, in California, property owners generally have the right to access their property. However, they must provide reasonable notice and must not invade your privacy. Please consult with an attorney for personalized advice.
do you know what the timelines are for a eviction?
Hello ****, in California, the eviction process may take *-3 months:
*. Notice period: *-60 days, depending on the reason
*. Filing and serving eviction lawsuit: About * week
*. Court hearing and judgement: 20 days after tenant's response
*. Sheriff's notice to vacate: 5 days
Please consult with an attorney for specifics.
*. Notice period: *-60 days, depending on the reason
*. Filing and serving eviction lawsuit: About * week
*. Court hearing and judgement: 20 days after tenant's response
*. Sheriff's notice to vacate: 5 days
Please consult with an attorney for specifics.
This happening to congested court system slow down the process
Hi ****, a congested court system can indeed slow down the eviction process. However, the timeline can vary greatly. Have you received any legal notice from the new property owner or the court yet?
I’m looking into pro bono system who works with this of disabled people today
Hello ****, it's great to hear that you're looking for legal assistance. In California, there are several pro bono programs that work specifically with disabled individuals. I recommend reaching out to Disability Rights California or Legal Aid Society for support.
I have not received anything yet from the
Hello ****, if you haven't received any notices yet, the eviction process might not have started. Continue seeking legal assistance. Keep all your documents ready and stay informed about your rights.
I know that I will have to leave or be evicted, but I’m hoping that I can stay a little longer until my SSDI kicks in completely
Hello ****, your situation is difficult, but there might be options. California law offers protections for disabled individuals. It might be possible to negotiate an agreement with the new owner or seek a delay due to your SSDI situation. However, you should consult with a lawyer for personalized advice.
OK will do. Thank you for your help.
You're welcome, ****. Don't hesitate to return if you have more questions. Best of luck with your situation. Remember, legal aid services can provide valuable support.