Q: i recived a vacate order but was never served a 3 day pay or quit or unlawful detainer and never got it in the mail
i told my landlord about BLACK MOLD and next thing we have the sheriff serving a notice to vacate
how can i stop this
A:
You may be looking at an unlawful, retaliatory eviction. You really need to get quick help from a Tenant's rights attorney, there are several in Orange County. You might even contact the OC Legal Aid society with this. You have to take immediate steps to get to Court on Monday to get an order stopping the eviction. If you were served with a 30 day notice, the LL does not have to serve you with a 3 day notice. Seems very strange that this all comes about so quickly. Difficult to get to a hearing during Covid and this requires a judgment for possession. If you are personally served, you don't have to get one in the mail. Then, as soon as the eviction is stopped, you need a good "mold attorney." You may have substantial claims against the LL.
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A:
YOU CAN GO TO COURT AND FILE A STAY OF EXECUTION WHICH NEEDS TO BE SERVED ON THE SHERIFF'S OFFICE ASAP. CAVEAT YOU HAVE TO BE READY TO PAY THE CURRENT RENT WHEN YOU GO TO COURT OR PAY IT VIA CHECK TO THE LANDLORD. IF LL REJECTS YOUR CHECK, THAT IS OK. KEEP THE MONEY IN THE BANK AND BE READY TO PAY THE RENT WHEN YOU GO TO COURT TO FILE YOUR CASE OR WHEN YOU GO TO PLEAD YOUR CASE. MEANWHILE GO TO A HABITABILITY ATTORNEY AND FILE A CASE FOR NEGLIGENCE AGAINST LANLORD AND WRONGFUL EVICTION FOR RETALIATION. DO NOT WAIT ONE SECOND. GO NOW!!!
BEST OF LUCK.
Maurice Mandel II agrees with this answer
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