Q: I was I was served a notice to vacate because I missed the five calendar deadline for the answer
A:
I understand that you have been served a notice to vacate in California because you missed the five-day deadline to file an answer after being served an unlawful detainer (eviction) complaint. Here's some information that may be helpful:
1. Default judgment: If you fail to file an answer within the five-day deadline, the landlord can request a default judgment from the court. This means the court may rule in favor of the landlord without considering your side of the case.
2. Motion to set aside default: You may be able to file a motion to set aside the default if you have a valid reason for missing the deadline, such as not receiving proper notice or experiencing an emergency. However, this motion must be filed promptly, and the court will decide whether to grant it.
3. Seek legal assistance: It is highly recommended that you seek legal advice from a qualified attorney specializing in landlord-tenant law or a local tenant rights organization. They can provide guidance on your specific situation and help you understand your options.
4. Eviction process: If the court grants a default judgment or rules in favor of the landlord, they may issue a writ of possession. This allows the sheriff to remove you from the property if you do not vacate within five days of the judgment.
5. Negotiation: In some cases, you may be able to negotiate with your landlord to reach an agreement, such as setting up a payment plan for any past-due rent or agreeing on a move-out date to avoid a formal eviction.
Remember, this information is general, and your best course of action will depend on your specific circumstances. Seeking legal advice is crucial to understanding your rights and options under California law.
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