I did not pay jan rent and they served me with an eviction summons on the 28th which I did not have the money to file a responce and have it served in time as the feb 2cd would have been it. What I really need to know is how long do I have for sure before the police come and make us go out. I am trying to look for a place and a storage and need to know as I'm worried it could be in a day or so and I won't be out that soon. Could it we within days or do I have all of feb to get out before they come and make me go. Please advise
Isn't there something more they have to give me letting me know what day they will do this.
Since you didn't respond to the UD Complaint, your landlord can proceed as a default. Depending on how backlogged your courts are, the court will schedule a default "prove up" hearing any day now, and once your landlord has an order of possession, there will be a "lock out" order within a few days of that, and a sheriff will come to change the locks.
You're no doubt liable for the landlord's legal fees, so if you can, get out ASAP to minimize your damages.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
1 found this helpful
When you failed to answer the complaint, the landlord no doubt took your default (filed a form) the next day. No prove-up hearing is required. They will have obtained a writ of execution and filed it with the police/sheriff department. In other words, really ANY DAY now, you will find a Notice posted to your door. At that point you will have 5-7 days to vacate. This varies from county to county but in places other than SF and LA it happens relatively quickly.
You could possibly buy some more time by seeking a stay of execution on hardship grounds, but as you admit you didn't pay the rent this will only buy you a few more days. Any chance you can pay the Jan and Feb rent now if given the chance? If not, you just need to move quickly.