Irvine, CA asked in Landlord - Tenant for California

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

Related Topics:
2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

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.

Justia disclaimers below, incorporated herein.

Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.