Eviction Process California Guidelines

Summary

In California, the buyer must give a 3-day notice to quit before starting a formal eviction process. This involves serving a notice, filing an Unlawful Detainer lawsuit, and a court hearing. The timeline can vary but generally includes a 3-day notice, 5 days to file a lawsuit, 15-20 days for a response, and 20-30 days for a court hearing. You may request a stay of execution due to hardship. Buyers cannot enter the home without permission unless specified in the contract. Consult a legal professional for specific advice.

Full Conversation

I had to sell my home to avoid judicial foreclosure auction. The contract I had said that I needed to move by March *, *. I am disabled and have a limited income and have been unable to find housing. Can I be locked out or do they have to go through the eviction process?
Hello Robert, could you please provide your location? The eviction process varies widely depending on where you live.
San Jose, California
Hello Robert, in California:
- The buyer must give you a *-day notice to quit the property.
- If you don't leave, they'll have to go through a formal eviction process in court.
- It's illegal for them to lock you out without a court order.
What is the formal eviction process in a court
In California, the formal eviction process is as follows:
- First, the landlord must serve you with a proper notice.
- If you don't vacate, the landlord will file an Unlawful Detainer lawsuit.
- You'll receive a summons to appear in court.
- If the court rules against you, a sheriff will enforce the eviction.
do you know the timeline for the process?
In California, the eviction process timeline is generally as follows:
- *-day notice to quit
- 5 days to file the Unlawful Detainer lawsuit
- *-20 days for you to respond
- *-30 days for a court hearing
- 5 days for a sheriff to enforce the eviction
Please note, this can vary.
I assume how could adjusted the court is would come in to play. My Superior Court is very busy. could I get an extension due to my disability
In California, you may request a stay of execution or a postponement of the eviction due to hardship. This is a discretionary decision made by the court, usually based on your specific circumstances. It would be advisable to consult with a legal professional.
my contract had no provisions for the owners to come into the house for assessment. The house was sold as is. Can they come into my home without permission
In California, buyers generally cannot enter the sold house without permission unless there's a clause in the contract. If they do, you could potentially bring a trespass claim. However, it's best to discuss this with a legal professional.
How long does it usually take for them to the three day notice to quit
In California, the *-day notice period begins the day after the notice is served to the tenant. If the tenant doesn't vacate within this period, the landlord can begin the eviction process. Please consult with a legal professional for specific advice.
OK thank you
You're welcome, Robert! I'm glad I could provide some information to help with your situation. If you have any other questions, feel free to ask. Remember, it's always best to consult with a legal professional for advice tailored to your circumstances.