Eviction Notice Response Timeline

Summary

In California, landlords must provide a 3-day notice to quit before starting the eviction process. Failing to respond to a summons within 5 days can lead to a default judgment, accelerating the eviction. Even new property owners must follow these rules. Legal aid organizations can help you respond appropriately. Electronic correspondence and contracts can be useful in your defense. Declining a cash-for-keys offer may also be relevant in your case. Act quickly to meet all deadlines and consult with a local attorney for personalized advice.

Full Conversation

ROBERT
Hi ****! How can I assist you with your legal issue today?
I had to sell my home to avoid judicial foreclosure auction. The new owners gave me until March * to leave the house. Unfortunately, I am disabled and with limited financial means and haven’t been able to secure housing. I did get my SSDI two weeks ago and hopefully that will help me in the process. The problem I’m having is that I got a summons for eviction processes. The new owners did not give me a three day notice to quit. Can cannot delay the eviction or could adjust. Just disregard it.
Hi ****, I'm sorry to hear about your situation. To provide you with the most accurate information, could you please clarify your location?
San Jose, California, California
Hello ****, in California:
- Landlords must provide at least 60 days' notice for eviction if you've lived there for a year or more.
- If they failed to give you the *-day notice to quit, you may have a defense if they proceed with the eviction.
Please consult with a local legal aid organization.
Unfortunately they’re really not my landlord. They’re just the new owners of my property.
Hello ****, in California, even if they're new owners, they're considered your landlords if you still reside there. They must adhere to the eviction process, including providing proper notice. Reach out to a local legal aid organization for further assistance.
What I understand they have to give me a three day notice to quit. Then submit to start the eviction process, which is the summons first. I have to reply to the summons within five days, which is on the form. If I don’t, then it can go to default judgment and the eviction would proceed little faster.
Hello ****, you're correct:
- A *-day notice to quit is generally the first step in California.
- Failing to respond to the summons within 5 days could lead to a default judgment, accelerating the eviction.
Seek legal advice for a proper response.
.
Hello ****, indeed, you're understanding the process correctly. It's critical to respond within the specified *-day period to avoid default judgement. Legal aid organizations or an attorney can provide valuable assistance in crafting a response.
I got the summons on Saturday yesterday and that made my timelines shorter. Because the weekend I couldn’t seek help. I informed notice of upcoming mail I see I’m getting another summons from the court tomorrow in case they are tenants in the household. Would they consider tomorrow the day I got summoned or would it still be Saturday?
Hello ****, in California, the day you received the first summons (Saturday) usually starts the countdown. However, these rules can vary. It's best to seek legal advice immediately to ensure you don't miss the deadline.
I emailed one of the people I’ve been corresponding with and I’m going to reach out to a local law firm in San Jose who does pro bono work. Hopefully they can get this done in a timely fashion with me.
Hello ****, reaching out to a local law firm is a great step. They can provide further guidance and potentially represent you in court. Make sure to provide them all the details and documentation for best assistance.
I will. Luckily, correspondence with the new owners have been electronic. So I have the contract.
Hello ****, excellent! Having electronic correspondence and the contract will be beneficial. Provide these documents to your legal aid for a thorough assessment. They will be key in your case.
All I’m looking for is a little time. I definitely do not want to see this go through to the end of the eviction process. I was just in a bad position and didn’t have any choices. They did offer me a cash for keys, but it didn’t help me overall. So I declined. Could that come in to play with the judicial decision?
Hello ****, your decision to decline the cash-for-keys offer could be relevant. It demonstrates your intent to uphold your rights as a tenant. It’s best to discuss this with your legal aid to determine how it might influence your case.
.
Hello ****, maintaining your tenant rights is essential. The cash-for-keys offer and your refusal can be considered in your case, showcasing your intent to stay. Discuss these details with your legal advisor to strategize your case effectively.
I definitely will. I’m just concerned about the timelines. But I have a feeling something’s gonna come through.
Hello ****, your concerns about the timeline are understandable. It's important to act quickly and ensure all responses are submitted on time. Do you have any other questions or is there anything else you're unsure about in this process?
no that was all. Thank you
Hello ****, I'm glad I could help. Don't hesitate to reach out if you have more questions in the future. Wishing you all the best with your situation.