Hello,I rent a house in California and I am being evicted .My landlord wants to sell his house so he served me a 60 day notice. I wasn't behind on rent or no criminal activity .after the 60 days were up i received a Request for entry of default for unlawful detainer and three days later i received a notice to vacate (5days). My landlord is also my boss which laid me off at same time as 60 day notice.I have two small children and my wife is now disabled . We had no written lease only verbal which was supposed to be to the end of this year. Once I informed them of my wife's disability and needed time off to take her to appts. Is when this started. I am looking for a place to move into just need more time. Also ive done repairs to his house and was never fully paid oral agreement ($1500) Thank you.
At this point, probably not. You were given 60 days notice, then given a UD (which you had 5 days to respond to), lost by default, and now you're gotten the notice to vacate. The next step will be for the sheriff to show up and remove you. The only thing left to do, which you should have done a few months ago, is to contact a landlord-tenant attorney in your area and see if anything can be done.
I'm sorry, but you have simply waited too long and let your available remedies slip away. Any landlord can serve a 60 day notice on a month-to-month tenant. No fault on the part of the renter is required. If you were served with an unlawful detainer lawsuit, you should have responded. If you were not served and you didn't know about the UD action until you sere served with the default, it may be possible (but not likely) that you can have the default set aside with the assistance of an attorney. But I'm just guessing what happened based on the information you've provided.
If the repairs you made were less than two years ago and you have receipts, you can bring a separate small claims action. But right now you have more important considerations. It's time to move.
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I agree with the other attorneys. It sounds like you didn't act and were defaulted against. You could seek an emergency stay but you need to do that today, right now! Go to the Courthouse to the UD self help center and you just might be able to get a stay because your wife is disabled. You will need pay the daily rent amount however.
As a side note, for certain circumstances California law allows time off for medical reasons even if it is your spouse and not you. You may want to consult with an employment law attorney as well.
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