What is the average time to vacate rental. After receiving unlawful detainer.

Asked 9 months ago - Palm Springs, CA

After filing a written response to a unlawful detainer.How much time typically passes before court date and actual eviction? Are they're cases of inhabitability that you have dealt with, that are so blatant, a court awards a tenant a financial judgement for years of inhabitability.....ie: renting a house, that code enforcement and health dept will shut down....

Attorney answers (2)

  1. Newton Munro Merrick

    Contributor Level 9

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    Answered . Assuming that you filed an Answer on the court-approved form and paid the filing fee, the landlord will request a court date. The court will notify you of that date, which must be within 20 days of the date the court receives the landlord's request. If a judgment is obtained, a writ of possession is issued and delivered to the sheriff. Depending on his backlog it may be several days before he serves it on the tenant, who then has 5 days to move out.
    You mention habitability. If you have grounds, you must allege that in your answer. The court form gives you the opportunity to check boxes and add additional information. Habitability is defined in the statutes. You also must have requested repairs in writing. If the court finds that you have a justifiable defense, he may reduce the rent you owe, but in 35 years of practice I have never heard of a cash award just because the landlord did not make repairs. for the tenant. After all, if the premises were uninhabitable, you could have moved out.

    If the landlord has an attorney, I would suggest contacting him/her to see if you can negotiate a settlement. Many unlawful detainer law firms are open to negotiations, as am I, and settle many of their claims without going to court. That would avoid a judgment on your record, which might make it difficult for you to rent again.

  2. Frank Wei-Hong Chen

    Contributor Level 20

    2

    Lawyers agree

    Answered . After the tenant files an answer, the court can set a trial date within 21 days after the landlord requests a trial date.

    Assuming the tenant loses and the landlord wins a judgment, the landlord could obtain a writ of possession the same day and have the sheriff serve the writ and notice to vacate the same day. The tenant then has 5 days to actually vacate before the sheriff returns for the lockout.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more

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