Eviction Process Legal Guidance

Summary

Brief Summary: In California, landlords must provide a 3-day notice before filing for eviction. If not received, the eviction process may be invalid. Courts usually schedule a hearing upon receiving response forms. Overstaying could be considered, but disability and active search for shelter might be factors. Legal aid can help fill out forms and highlight defenses. If no response is given within 5 days, a default judgment could lead to eviction within a week. Contact Bay Area Legal Aid in San Jose for assistance.

Full Conversation

I had to sell my home to avoid it being sold at auction due to judicial foreclosure. The new owners gave me until March * to move out. Unfortunately I am disabled and had no income to be able to find a new home. I’m actively seeking emergency shelter, but it’s very difficult. I talked with the new owners and they gave me a cash for keys But it wasn’t enough to keep me stable. I received the summons today and no I have five days to respond. I’m hoping to have some help in filling out the forms. If I do submit the forms. Does the court have to schedule a hearing or can they deny based on the information on the forms
Hello Robert from California,
Upon submitting your response forms, the court usually schedules a hearing. They typically don't deny without a hearing. However, it may depend on the specifics of your case. Here are points to consider:
- Ensure all forms are filled out correctly and honestly.
- Request an accommodation due to your disability if needed.
- Seek legal advice on how to effectively present your case.
You may find free legal aid clinics in California that can assist you.
Because I am overstaying and know that I do need to leave. Would that be taken into consideration on denying me?
Hello Robert,
If you've overstayed the agreement with the new owners, it could potentially be considered. However, your disability might be considered too. These points could be relevant:
- Honesty about your situation might assist in court.
- The court may consider your active search for a shelter.
- Your disability could potentially be a factor.
I did not receive a three day notice prior to the summons. How could that affect the whole process?
In California, landlords are generally required to give a *-day notice before filing for eviction. If you didn't receive this:
- The eviction process may be considered invalid.
- You can use this as a defense in your response.
- The court may dismiss the case due to improper procedure.
so they would have to restart the process and have it go back to them. Serve me three day in the five.
Hello Robert,
In California, if the eviction process was initiated without proper notice:
- The landlord would need to begin the process again correctly.
- This includes serving you a *-day notice before starting eviction proceedings.
- Any timeline would start after you've received the proper notice.
.
Hello Robert,
Yes, exactly. The timeline would only start once you've received the proper *-day notice. This could potentially buy you some extra time to find a new place to live.
I’m hoping that illegal aid will help me fill it out and include my disability plus the lack of three day notice
Hello Robert,
It's important to reach out to legal aid services in California. They can guide you on how to:
- Fill out the forms correctly, including your disability.
- Highlight the lack of a *-day notice, which could be crucial in your case.
Legal aid
Hello Robert,
You can approach legal aid offices like the Legal Aid Society of San Diego or the Legal Aid Foundation of Los Angeles for assistance. They can guide you with completing your forms and assist with your disability and eviction issue.
I’m in San Jose California
Hello Robert,
In San Jose, you can contact the Bay Area Legal Aid. They can assist you with your eviction issue, and help you fill out the forms correctly.
OK thank you
You're welcome, Robert. If you have any more questions or need further assistance, feel free to ask. Best of luck with your case.
I hope you’re still on. What is generally the timelines if I’m unable to respond in time before they do a possible default judgment
Hello Robert,
In California:
- You typically have 5 days to respond to an eviction summons.
- If you don't respond, the landlord can request a default judgment after the *-day period.
- If granted, eviction could occur soon after, usually within a week.
.
Hello Robert,
Yes, you're correct. If a default judgment is granted, eviction could occur within a week. However, the exact timeline might slightly vary based on the court's schedule.