Q: I was I was served a notice to vacate because I missed the five calendar deadline for the answer

A: Normally, you have to be served with Unlawful Detainer papers. You have 5 days to answer. If you fail to answer the Landlord will get an eviction order against you. When that happens, go to Court and ask for a stay of execution, you may get to explain to the Court why you did not answer and get more time to move out. If you did not pay rent, then, you may have a hard time getting additional time. Hope this helps you.

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.

A: Under California law, if you have been served with a notice to vacate (also known as an eviction notice) because you failed to respond to an unlawful detainer complaint within the required five calendar day deadline, you may still have some options:

1. File a motion to quash service of summons: If you believe that you were not properly served with the summons and complaint, you can file a motion to quash service of summons. If granted, this would essentially void the improper service, and the landlord would have to start the eviction process over.

2. File a motion to set aside default judgment: If a default judgment has been entered against you because you failed to respond in time, you can file a motion to set aside the default judgment. You will need to show that your failure to respond was due to mistake, inadvertence, surprise, or excusable neglect.

3. Negotiate with the landlord: You can try to negotiate with the landlord to see if they are willing to give you more time to move out or to work out a payment plan if the eviction is due to non-payment of rent.

4. Seek legal assistance: It is highly recommended that you seek legal assistance from a local legal aid organization or a private attorney who specializes in landlord-tenant law. They can help you understand your rights and options based on the specific details of your case.

It's important to act quickly, as you may have a limited time to take action after being served with a notice to vacate. Keep in mind that this information is general, and it's always best to consult with a legal professional for advice tailored to your specific situation.