Landlord was initially awarded possession only. I filed ex parte s/a judgement and stay of execution motions. They were both granted. No future date is set for trial. I received a text this evening from my landlord which stated that if I am not out by noon tomorrow she is going to have my children taken away, call welfare, and do "whatever it takes" to get me out. What can I do?
Real Estate Attorney
I have never heard of an ex parte application to set aside the judgment. Generally the court will stay execution pending your motion to set aside the judgment. Also, if the court set aside the judgment it has no reason to stay execution; the writ of possession is automatically recalled. Check your records to make sure of what the court did.
Regarding the question you asked, I would call the police. Gaining property by threatening to make a report to civil authorities is extortion. Of course, keep the texts. They may come in handy during your upcoming trial or some future one. A landlord who threatens to do whatever it takes to get rid of a tenant has impeached her own credibility.
Take a look at § 1940.2. Acts of theft, extortion, or menacing conduct by landlord seeking to have tenant vacate dwelling; Civil action and penalty. I would definitely check your docket to make sure there's no hearing dates on calendar related to your ex parte motions. Calling the police to make a record might be a good idea.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship