How long do I have to vacate when an eviction notice has been filed in california?

Here is some information that I took from a California anti-eviction lawyer's web site. I recommend that you visit his web site A.S.A.P. and read it carefully. The Eviction Process Eviction is the means by which a landlord can legally get you to move out.

If you win, you stay put. If you did nothing to stop it, you would lose but have about a month from the filing of the eviction lawsuit before you would be locked out by the Sheriff. If you fight it, getting 2-3 months more time even if you lose is easy.

My record is 14 months, and it could have been longer. That landlord gave up over $10,000 in back rent just to have the tenant leave, so we settled for that. As shown in the diagram below, eviction usually starts with a notice, then goes to a lawsuit called an "unlawful detainer", or "UD" for short.

If you win, you stay in possession and the landlord has to reimburse you for your legal costs. If you lose, the Sheriff has to give you a 5-day notice before a lockout, and finally you leave. You can go back and get your stuff after being locked out.

While you're in this process, you pay no rent; you still owe it, but it stays in your pocket. You can use that money to pay for legal expenses to fight the eviction thanks, Mr. Landlord! And to pay for moving, if you choose to do that.

Landlords try to scare you into moving, and not fighting it, because they know how much hassle you can give them, and how expensive it can be to get you out. Here are the common myths: (1) The landlord CANNOT lock you out, remove your property, remove doors or windows, or turn off utilities to get you out, in lieu of court; Civil Code 789.3 prohibits that for residential tenants and makes the landlord liable to you for actual costs plus $100 per day that it continues, and the police will back you on this one Penal Code 484. (2) The landlord CANNOT have the police or Sheriff arrest you for overstaying your welcome, instead of going to court.

The Sheriff may be used to serve the eviction papers, but anything beyond that awaits the court's determination, first. (3) The landlord CANNOT barge in and start doing major construction to make it impossible to live there, or otherwise interfere with your quiet enjoyment to force you out; Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, too Penal Code 484.

(4) The landlord CANNOT threaten to report you to immigration authorities or other law enforcement, nor make any other threat to get you out. Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, as well Penal Code 518.

http://www.caltenantlaw.com/Eviction.htm Here are some other useful web sites: http://www.dca.ca.gov/publications/landl... http://www.rentlaw.com/eviction/californ... If you've got a deadline, you'll need to respond in writing and file your response with the court on time. If you don't file some sort of response, you'll lose right there. Even if you can't get a lawyer or find legal forms to use, a letter setting forth your position will be a lot better than doing nothing at all.

But, don't be so sure that you can't get a lawyer. Have you checked out legal aid in your area. Also, the web sites that I visited say that if you can win, you can recover your attorney's fees from the other side, so you ought to check and see if there might be a lawyer who will take the case on a contingency.

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