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Niceguy777

Calif. Landlord Tenant Law

5 posts in this topic

I've broken this down into both "Background Info." & "Questions" parts. The background info. is to help you answer the question better. If it's "way too much information" as some childish users here have commented, then keep your hasty, negative, faulty opinions to yourself and work on your impatience and lack of a sufficient attention span. Thank you.

Background Info.:

My business partner and I rented a 3 bedroom apartment in California. Both our names are on the lease. He decided to move back with his parents because he basically want to save money.

I therefore, was stuck with paying the balance of the rent which I cannot afford to do.

Last week, June 14, 2011, I was served with a "Three Day Notice to Pay Rent or Quit"

As stated above, I couldn't & still can't afford to pay rent since.

Today, June 22, 2011, the property manager of the apartment complex visited me & was saw that the property was still occupied, he then posted a Notice that said "Eviction" on my door.

*This aforesaid notice received today, 6/22/11, states: "If management doesn't receive rent by Wednesday June 22, 2011 (today) at 5:30 p.m., it will commence legal proceedings to gain possession."

**It also states "if payment hasn't been made, there will be legal proceedings without any other notices sent."

I intend to move as fast as humanly possible. I have a disability recognized by the federal government.

Questions: 1) How much time do I have before the Marshal/Sheriff comes to my door to evict me? (I would think, it would be 1 month to get a court date for me to appear before a Landlord Tenant
Court and to state my case & my side of the story, and then another month to schedule an eviction date, but I'm not sure). So, a total of 2 months from today in the state of California where landlord tenant matters are backlogged.

2) How much time would an Order to Show Cause give me?

3) Where do I get an Order to Show Cause?

4) What do I need to state on the "Show Cause Order" form?

5) How much is the filing fee for an Order to Show Cause?

***Thanks for your time and attention. Any constructive advice you can give me would be appreciated. Negative, spikey, caustic advice will be ignored and reported to the website administrator.

The constructive advice (not just what you say, but how you say it), will help you and others practice their manners & etiquette in dealing, for example, with elderly clients (which can require patience) if you're an attorney.

Thanks, again.

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Come here with a predisposed 'tude such as yours and if you were truly posting to a "childish" audience, you'd get chirpy crickets in response if not a snotty reply.

Please note that tone is in the eye of the poster, and posters and readers may read something through a particular emotional lens vs. take it in the dispassionate way in which it is written. And once you have spent several thousand hours here wading through posts where people go on and on and on in blow-by-blows, then feel free to come back and judge those who observe that the poster provided far too much irrelevant commentary. :)

Your lease almost certainly has you jointly and severally liable with your co-tenant for payment of the rent. You're free to go after the co-tenant for his share for a reasonable length of time (esp. if he didn't give you advance notice of his moving out), and meanwhile look for a new roommate.

The landlord's free to post a three-day notice to pay or quit when it doesn't receive rent on time; can't know whether this "eviction" notice is basically a duplicate of the three-day notice, or whether the landlord didn't understand that it could have mentioned that it would file an eviction action in the 3-day notice if you don't cough up the rent.

"I intend to move as fast as humanly possible. I have a disability recognized by the federal government."

It's not clear what the purpose of this statement is.

"How much time do I have before the Marshal/Sheriff comes to my door to evict me?"

Naturally, the landlord will need to file an eviction action and get a writ of possession. We cannot know from here how long that would be in your particular locality, even if the landlord filed today.

If you'd read any number of posts here, you'd know that we aren't here for step-by-step info. Given you're in CA and given how much self-help info the court systems post on their web sites, questions 2-5 aren't precisely reasonable (never mind you do not say for what you'd be seeking the landlord to show cause).

"Negative, spikey, caustic advice will be ignored and reported to the website administrator. "

Yeesh. Feel free (though note that tone is typically in the eye of the beholder, and posters are typically reading through a particular emotional lens). :)

"The constructive advice (not just what you say, but how you say it), will help you and others practice their manners & etiquette in dealing, for example, with elderly clients (which can require patience) if you're an attorney."

Condescending much yourself in that glass house? :)

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This is not an etiquette forum. I'm sure folks are now scared that you will report people to the administrator if they're caustic, negative or "spikey." Oh, do stop with the negative references about attention spans, threats, hasty answers etc, "niceguy777"--sometimes you get unvarnished truth and unvarnished opinions. You want help, you posted here for input. Deal with it or ignore it.

Generally speaking, your having a disability has no bearing on your *responsibility* to pay rent. I'd suggest that you don't play the disability card but that's up to you. Ya never know. That being said, disabled people are evicted all the time for non-payment of rent.

If both you and your roommate's names are on the lease, your former roommate and you will be most likely named in the eviction paperwork.

You were served appropriately with a 3-Day Pay or Quit notice. You didn't pay. The management took the next legal step, which was to inform you that they would begin legal proceedings. Because you received a notice to pay up by the end of business today, it seems they gave you an extra grace period to pay that went beyond the 3-Day Pay or Quit notice and informed you definitively that you'll be going to court. I could be wrong.

The management must go to court and file a petition for eviction. A hearing will be set up. In California, depending on where exactly you reside, it could be in as little as a week, or within a couple/few weeks for the hearing. Many areas of California have set up courts specifically for expediting such cases. I wouldn't rely on a two month backlog. But that's just me.

After the court determines if an eviction order is indeed to be granted, they will issue a Writ of Possession to the management and there will be a judgement against you that will follow you for, at the very least, seven years. The management then will make arrangements with the local sheriff (Writ of Assistance) to boot you out on your rear, your possessions will be set outside the unit, and you will be locked out. That can occur within 5 days of receiving the Writ of Possession and initial contact with the Sheriff. Your time frame for exiting under your own power will be specified.

You should call your local courthouse and inquire about the cost of your filing an Order to Show Cause. I'm not sure, but I believe the Order would be if the judge needs more info about the case--if you show up at the initial eviction hearing, you may present your side of things, but I could be wrong.

Bottom line is that you are not paying the rent.

Just so you know, and this is a BIG negative...if a judgement is filed against you, it will most likely destroy your credit and destroy your ability to rent an apartment from anyone who checks credit or rental history.

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check out my intial thread in r.e. L & T law last week.

i specifically asked for sarcastic replies & i got 2 worthless replies from 2 equally worthless pieces of trash--fatten & sparkless.

save the abusive language for attorneys--YOU BOTH ARE NOT ATTORNEYS.

here's how you don't answer a findlaw reply from someone facing a grave, serious, & sad legal issue.

first of all when the person posts the question and asks not to be spoken to in a condescending way, you don't put sadistic hurtful language which can be construed by a person of normal sense & sensibility with a phrase like "thrown out on your ear"

i hope they throw you 2 internet trolls who seem to never have a legal question of your own, but pretend to play fake lawyer by posting hurtful responses or responses in a callous, cruel way as recently mentioned above, on your overweight posteriors.

you both definitely have issues with men, judging by your attack on my user name (niceguy 777).

although, it's obvious this isn't an etiquettte forum, you should practice some ettiquette with regard to answering people's questions here on this website, all of whom are facing serious and worrisome legal problems/issues.

obviously your mommies and daddies were absentee.

don't reply me ever again.

your "information"/replies were useless. for example, a deaf dumb & mute moron would know to call the clerk to find out if and how much an Order to Show Cause costs, but do u honestly think that I'd want to spend 30 to 45 minutes over the phone with some overworked, busy, sometimes impatient & rude court clerk, when i can get the same info. from someone who's actually filed an OSC?!

i have one final thing to say, here's what resonates: use your brain--think, before you answer...and it may be a good idea to spend more time improving your manners or save a portion of your income on charm/ettiquette school.

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Well said! The individuals that post here are in need of guidance, support, and most important, respect and compassion. Some have serious life-changing issues, are fearful and have turned to this site for a competent response. Instead they receive a response that is condescending, disrespectful, cold and demeaning in nature and intent; this is a typical response from "F".

The arrogance and hostility in the majority of ""F"'s responses are insulting, (not everyone is message board literate), unprofessional, inappropriate and highly reflect a "Bully" mentality. I have been a legal professional for over 30 years and would have been terminated, immediately, if I ever spoke to or treated a client/potential client in such a manner.

Wonder why you haven't received a sharp tongued response? Hmmmm?

Bravo for speaking up on this!

P.S. to FindLaw: If you're in need of a qualified legal support person who treats people with compassion and empathy, as well as has a thorough knowledge of the law, access to legal resources/research, drop me an email. I would welcome the opportunity to keep your hits high, instead of alienating your readers.

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