Legal Question in Landlord & Tenant Law in California

If I lose my unlawful detainer case, how long will they give to vacate the property if I have a disabled person and children living with me? Are there any delaying tactics that can postpone vacating the property or even the court date itself?


Asked on 11/23/11, 11:14 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Unfortunately, there is really nothing left at the point where a judgment has been entered. Even filing bankruptcy will not stop the lockout. The Sheriff or Marshal (depending on where you live) will post the property after the judgment is entered, and generally that is a five-day posting. At the end of those five days, they will lock you out irrespective of who is living in the property. I suggest putting your efforts into finding a place to move to and packing rather than looking to delay this. Absent a Superior Court order stopping the lockout, you are going to have to leave.

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Answered on 11/23/11, 11:35 am
George Shers Law Offices of Georges H. Shers

There are numerous ways to delay the trial but such tactics are not really fair. You should make certain that the UD notice is valid; look at the Ca.Judge's benchguides #31 to see what is required. How long before the judge in a contested case issues the Order which the landlord then must file to have a judgment issue and then how long the sheriff takes to serve it varies from county to county. It is not delayed by a disable person or child living with you. Some landlords will pay to have you agree to leave by a certain date.

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Answered on 11/24/11, 7:54 pm


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