Eviction Process For Disabled

Summary

In California, new property owners must follow legal eviction procedures, including written notice and court action. Disabled tenants can request reasonable accommodations under the Fair Housing Act. Timelines include 3-60 days for notice, 5 days to file a lawsuit, 20-45 days for a court hearing, and 5 days for sheriff eviction. Consult a local attorney for personalized advice.

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ROBERT
Hello ****, it's nice to meet you. How can I assist you with your legal issue today?
I had to sell my home to accompany to prevent it from being sold at foreclosure auction. The new owners gave me up to March * to leave the property. Unfortunately, I am disabled and with limited monies, and cannot leave yet. What processes can the new owners take to have me leave. I’m in California.
In California, the new owners would likely have to follow these steps:
- Provide written notice to vacate the property.
- If you don't leave, they can file an unlawful detainer lawsuit.
- A court hearing would be scheduled.
- If the court rules in their favor, a sheriff could enforce the eviction.
Remember, this is general information and may not apply to your specific situation.
do you know the timelines for all of it?
In California, the general timeline is:
- * to 60 days for a written notice to vacate.
- Around 5 days to file an unlawful detainer lawsuit after notice period ends.
- Approximately *-45 days until the court hearing.
- Around 5 days for eviction by a sheriff post court ruling.
This may vary based on specific circumstances.
do I have to respond to the
It seems your question got cut off. You're asking if you have to respond to something, but I'm not sure what that is. Please provide more details so I can assist you better.
do I have to respond to the court summons
Yes, if you receive a court summons, it's generally recommended to respond. Ignoring it can lead to a default judgement against you, which might not be in your favor. Do consult with a local attorney for advice tailored to your situation.
is there any other way that the new owners can use to get me out sooner? Being that I did have a contract to leave on March
In California, the legal process for eviction is generally as I previously described. However, the new owners may offer a "cash for keys" deal, where they pay you to leave sooner. This would require agreement from both parties. Consult with a local attorney for personalized advice.
I was put on Social Security, disability insurance on Tuesday, March *. Could I have a chance to have an extension because of my disability. I’ve been deemed that I would die if I was on the streets by my physicians and specialist.
In California, your disability may provide certain protections under state and federal law. You could:
- Request a "reasonable accommodation" under the Fair Housing Act to extend your move-out date.
- Apply for emergency housing assistance.
Please consult with a local attorney or contact the local Housing Authority for more specific advice.
do I request the reasonable accommodation from the court or from the new owners?
In California, you should typically submit a request for reasonable accommodation directly to the new property owners. It's recommended to do so in writing and keep a copy for your records. Consult with an attorney for specific guidance.
I did talk to the new owners close to the move out date and told them that I was disabled, and could not move out. They have not served me the three day notice to quit yet. They may be considering my disability.
That's a good sign, ****. If they consider your disability, they may extend your move-out date. Consult an attorney to ensure your rights are protected. If you face eviction, contact your local Housing Authority or a legal aid organization.
OK. As long as I know, I do have some time before I have to move. I am in contact with various agencies and hope to find some shelter or Home. I definitely do not want to be escorted out by the sheriff.
That's a great approach, ****. Keep in contact with agencies and explore all options. Remember, you can request a reasonable accommodation due to your disability. If you're served an eviction notice, connect with a local attorney or legal aid organization promptly.
I have calls out, so I’m hoping to get a response from disability advocates and legal aid pro bono agencies. Thank you you’ve set my mind at ease.
You're welcome, ****. It sounds like you're taking the right steps. Remember, if you receive any legal documents or eviction notices, consult with a legal professional promptly. Don't hesitate to reach out if you have more questions. Best of luck!