Summary
In California, the eviction process involves several steps: notice to quit, unlawful detainer suit, court trial, judgment, and lockout. If you dont respond to the lawsuit, a default judgment can expedite the process. Being disabled may allow you to request more time during the court process. New owners cannot enter your home without permission unless for emergencies, repairs, or showings, and must provide 24-hour notice for non-emergencies. Forced removal by new owners is illegal; only law enforcement can enforce eviction. Document any illegal actions for legal recourse.Full Conversation
Robert
Hello Robert, I'm here to help you with your legal issue. Could you please provide more details about it?
I’m currently living in my home that I had to sell to prevent it from being sold at judicial foreclosure, auction. Being disabled and no income I was not able to leave the house at the determined date of March *, *. I know that they are probably starting the eviction process. I was wondering what the process is and likely timelines.
Hello Robert, could you please tell me which state you are located in? The eviction process and timeline can vary greatly depending on your location.
I’m in San Jose California
Hello Robert, in California, the eviction process typically goes like this:
*. Notice to quit: Landlord provides a written notice.
*. Unlawful detainer suit: If you don't leave, the landlord may file a lawsuit.
*. Court trial: If you respond, a trial is set.
*. Judgment and Writ of Possession: If the landlord wins, they'll get a Writ of Possession.
*. Lockout: The sheriff enforces the Writ after 5 days.
This can take around *-2 months.
What if I don’t respond to the lawsuit what is the timelines then over overall
If you don't respond to the lawsuit, a default judgment can be entered against you in as little as 5 days. This could potentially expedite the eviction process. It's advisable to respond to avoid this.
Does my being disabled allow me to pursue more time
In California, being disabled might allow you to request additional time during the eviction process. However, this must be done during the court process. Consult a legal aid organization for assistance.
Generally, how long does the court process take?
The court process duration can vary, but generally, it may take from a few weeks to several months. Factors like court's calendar, complexity of the case, and specific circumstances can affect the timeline.
Can the new owners come in to the house without my permission during the eviction process?
In California, during the eviction process, the new owners typically can't enter the property without your permission unless it's for necessary repairs, emergencies, or to show the property to prospective tenants or buyers. This is part of your right to quiet enjoyment.
so if I’m out of the house for the day, they can come in without my permission
In California, new owners cannot enter your home without your permission, even if you're not there, unless it's for emergencies, necessary repairs, or to show the property. They must provide a *-hour written notice for non-emergencies.
is there anything they can do during that time to force me out
In California, new owners cannot forcibly remove you during the eviction process. Only law enforcement can remove you from the property upon a court order. Any forced attempts to remove you are illegal and can result in legal penalties.
OK so I have recourse if they do any actions that are not legal
Yes, Robert. If the new owners act illegally during the eviction process, you can take legal action. For instance, if they try to force you out or enter without permission, you can report them. Always document any such incidents.
OK thank you
You're welcome, Robert! If you have any more questions or need further clarification on anything, please don't hesitate to ask. It's important to understand your rights and options in this situation.
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