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Eviction Defense Strategies California
Summary
In California, landlords must serve a 3-day notice before starting eviction. If not served, this can be a defense in court. Courts may consider hardships like disability and financial issues. Responding to a summons within 5 days is crucial to avoid default judgment, which can lead to a 20-day eviction timeline. Busy courts might delay the process, but its essential to act promptly. Bay Area Legal Aid in San Jose can assist with the response and provide guidance on negotiating cash for keys offers and seeking emergency housing.Full Conversation
if I’m going through the eviction process for my home in California and the person did not serve me a three day notice to stay before starting the eviction process. They didn’t do it with me and I received the summons today what action can I take?
In California:
- The landlord must serve a *-day notice before starting eviction.
- If not served, you can use this as defense in your eviction lawsuit.
- Consult a local attorney for specific advice.
- The landlord must serve a *-day notice before starting eviction.
- If not served, you can use this as defense in your eviction lawsuit.
- Consult a local attorney for specific advice.
Her name is Robert
Hello Robert,
In California, if you weren't served a *-day notice before eviction, you can:
*. Present this as a defense in court.
*. Consult an attorney for further advice.
Would you like information on local legal aid services?
In California, if you weren't served a *-day notice before eviction, you can:
*. Present this as a defense in court.
*. Consult an attorney for further advice.
Would you like information on local legal aid services?
Can they decide not to consider it
In California, courts generally consider the absence of a *-day notice as a valid defense against eviction. However, it's ultimately the judge's decision. Consulting a local attorney can help you navigate this situation.
I’m living in my home that I had to sell to prevent it from going through judicial foreclosure auction. They gave me until March * to move out but I was not able to do so due to my disability and finances. I am working to try to find housing and I did start my disability This month. Would they consider that in the eviction process or if I’m staying past that date they may decide that I will be needing to move at one point and decide to go ahead with the eviction process.
In California:
- Courts might consider hardship, such as disability and financial difficulty.
- Communicate your situation with your landlord and the court.
- Seek advice from a local attorney or legal aid service.
- Courts might consider hardship, such as disability and financial difficulty.
- Communicate your situation with your landlord and the court.
- Seek advice from a local attorney or legal aid service.
I talked to the new owners and they are aware of my situation. They offered me a cash for keys, but it wouldn’t be enough and I didn’t have enough time to get myself out with what they wanted.
In California, you can:
- Negotiate the "cash for keys" offer.
- Inform the court about your hardship.
- Consult with a local attorney or legal aid service.
Would you like information on local legal aid services?
- Negotiate the "cash for keys" offer.
- Inform the court about your hardship.
- Consult with a local attorney or legal aid service.
Would you like information on local legal aid services?
I’m in San Jose California. Yes please.
Bay Area Legal Aid
Phone: (*) *-*
Address: * N Second St Suite *, San Jose, CA *
Website: www.baylegal.org
I’m looking for someone to help me with submitting a response to the summons. What happens if I’m not able to do so in time? What would the timeline be before I have to leave starting today?
In California:
- You usually have 5 days to respond to a summons for eviction.
- If you don't respond, the court could rule in favor of the landlord.
- The eviction timeline varies, but often it's 20 days after judgment.
- Seek help from Bay Area Legal Aid for the summons response.
- You usually have 5 days to respond to a summons for eviction.
- If you don't respond, the court could rule in favor of the landlord.
- The eviction timeline varies, but often it's 20 days after judgment.
- Seek help from Bay Area Legal Aid for the summons response.
Does the 20 days include the five days the sheriff has to give me to leave or is that
In California:
- The *-day period is for the court judgment.
- The *-day period is additional time given by the sheriff for you to vacate.
- Consult with Bay Area Legal Aid to understand this timeline better.
- The *-day period is for the court judgment.
- The *-day period is additional time given by the sheriff for you to vacate.
- Consult with Bay Area Legal Aid to understand this timeline better.
so I could easily have a 25 day period to move out
Yes, typically in California, you would have about 25 days in total - 20 days for court judgment and an additional 5 days from the sheriff. However, timelines may vary based on specific cases.
The county I am in has a very busy court system
In California:
- A busy court system might delay the eviction process.
- However, it's important to respond to the summons promptly.
- Reach out to Bay Area Legal Aid for help with this.
- A busy court system might delay the eviction process.
- However, it's important to respond to the summons promptly.
- Reach out to Bay Area Legal Aid for help with this.
I’m gonna try to respond but I’m not sure how and I’m hoping I can get some legal aid before Thursday because I received the summons today Saturday and I understand they count Sunday through Thursday
In California:
- You typically have 5 days, excluding weekends and holidays, to respond to a summons.
- Bay Area Legal Aid in San Jose can assist you with the response.
- Act promptly to avoid default judgment.
- You typically have 5 days, excluding weekends and holidays, to respond to a summons.
- Bay Area Legal Aid in San Jose can assist you with the response.
- Act promptly to avoid default judgment.
I need to have it done quickly and they’re hard to get but I’ll try
I understand your urgency, Robert. In California:
- Filing a response is crucial to avoid default judgment.
- Please contact Bay Area Legal Aid as soon as possible.
- They can guide you on how to respond to the summons.
- Filing a response is crucial to avoid default judgment.
- Please contact Bay Area Legal Aid as soon as possible.
- They can guide you on how to respond to the summons.
so might not be able to file the response and time could result in a default judgment, which could be 20 days
Correct, Robert. In California:
- If you can't respond in time, the court may issue a default judgment.
- This often leads to a *-day eviction timeline.
- Please reach out to Bay Area Legal Aid for assistance.
- If you can't respond in time, the court may issue a default judgment.
- This often leads to a *-day eviction timeline.
- Please reach out to Bay Area Legal Aid for assistance.
do you know how quickly a judge a default judgment is made
In California:
- A default judgment can be issued as soon as the response period ends, which is typically 5 days.
- The exact timing can vary based on court schedules.
- Consult with Bay Area Legal Aid for more specific information.
- A default judgment can be issued as soon as the response period ends, which is typically 5 days.
- The exact timing can vary based on court schedules.
- Consult with Bay Area Legal Aid for more specific information.
Can a busy court schedule affect the default
Yes, in California:
- A busy court schedule can potentially delay a default judgment.
- However, it's crucial not to rely on this possibility.
- Seek help from Bay Area Legal Aid to respond to the summons promptly.
- A busy court schedule can potentially delay a default judgment.
- However, it's crucial not to rely on this possibility.
- Seek help from Bay Area Legal Aid to respond to the summons promptly.
no I’m not, but with my limited resources I’m just concerned that it could happen that I won’t be able to do so
I understand your concern, Robert. In California:
- If resources are limited, reach out to Bay Area Legal Aid.
- They can help you respond to the summons and navigate the eviction process.
- Acting promptly can prevent a default judgment.
- If resources are limited, reach out to Bay Area Legal Aid.
- They can help you respond to the summons and navigate the eviction process.
- Acting promptly can prevent a default judgment.
I just need a little more time. It’s been difficult because I had no income but I do now and trying to find emergency housing is hard. If I can find that I’ll be out and they can have the house.
I understand, Robert. In California:
- Communicate with your landlord about needing more time.
- Courts can sometimes grant extensions.
- Reach out to local housing and social service organizations for emergency housing.
- Bay Area Legal Aid can help with this process.
- Communicate with your landlord about needing more time.
- Courts can sometimes grant extensions.
- Reach out to local housing and social service organizations for emergency housing.
- Bay Area Legal Aid can help with this process.
OK thank thank you
You're welcome, Robert. Remember to reach out to Bay Area Legal Aid for assistance with your summons response and eviction process. Good luck with everything.
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