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Eviction: Ex Parte Stay of Execution

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  • 07-03-2009, 03:27 PM
    lostdory
    Eviction: Ex Parte Stay of Execution
    My question involves landlord-tenant law in the State of: CALIFORNIA

    I already have the writ of possession for the eviction of my tenant. then i received a message from the tenant that there will be an ex parte stay of execution a day before the day of eviction by the sheriff.

    We are evicting due to: not giving the advance payment based on lease agreement (they only gave as a security deposit and since we are nice and willing to help we let them moved immediately) and for not paying any rent at all and staying in our home for a year now. Please help I dont want them anymore in our house this situation had caused us significant hardship we almost lost our house because they are not paying rent at all.
  • 07-03-2009, 03:40 PM
    CourtClerk
    Re: Eviction: Ex Parte Stay of Execution
    I'm not sure what you want us to do. Go to court and defend against the motion.
  • 07-06-2009, 01:21 PM
    lostdory
    Re: Eviction: Ex Parte Stay of Execution
    im sorry i think i was overwhelmed when i posted. I was wondering how we can fight the stay of execution, if you have any advice that will make our case strong for them not to win the stay of execution.

    see they've been in our house for 1 yr now without any rent paid. and if the stay of execution extend another month or two if they win, it will cost us to lose our house.
  • 07-08-2009, 08:37 PM
    HollywoodLandlord
    Re: Eviction: Ex Parte Stay of Execution
    It sounds to me like you have three options:

    1) Go down to the court house and ask what your next step is. Clearly these people are well educated to have been able to stay as long as they have.

    2) Go to the sheriff's office and ask who to talk to about this situation. It is obviously not the first time this situation will have happened to them. They may be able to tell you specifically what it will take to get them out from the sheriff's perspective.

    3) Go to the California Housing Authority website and look up the laws yourself. You can clearly outsmart these people and I am sure they have fewer resources than you do.

    Best of luck to you as I know this is an awful situation to be in.

    And WHEN (not if) they finally leave, make sure to get all of your ducks in line and make sure all of your documents and legal forms for your next tenant cover you in the state of California.
  • 07-08-2009, 11:13 PM
    CourtClerk
    Re: Eviction: Ex Parte Stay of Execution
    Here's why none of your options will work:
    Quote:

    Quoting HollywoodLandlord
    View Post
    It sounds to me like you have three options:

    1) Go down to the court house and ask what your next step is. Clearly these people are well educated to have been able to stay as long as they have.

    Courthouse staff is barred by law from giving legal advice, so who is the OP supposed to ask? Most of the self help centers do not help the plaintiff's in actions
    Quote:

    2) Go to the sheriff's office and ask who to talk to about this situation. It is obviously not the first time this situation will have happened to them. They may be able to tell you specifically what it will take to get them out from the sheriff's perspective.
    The only perspective the sheriff's have is to carry out court orders. They also cannot give legal advice and are often times the WORSE people to ask, since they don't know squat about civil law from the civil law perspective...
    Quote:

    3) Go to the California Housing Authority website and look up the laws yourself. You can clearly outsmart these people and I am sure they have fewer resources than you do.
    In all my years of living and working in CA, I've never heard of the "California Housing Authority." Perhaps you can point him (and the rest of us) to one. Last I checked, the housing authorities were locally run.
  • 07-09-2009, 04:30 AM
    SChinFChin
    Re: Eviction: Ex Parte Stay of Execution
    Sounds from your post that they stayed a year, paying nothing at all, and you did not make any mention of your attorney, so this appears to be a "do at home" eviction.

    I don't know how much rents go for out where you are, but I rent out a house here in the NYC metro area for $2,500/month. An eviction lawyer will take a case, quote me around $1,000 to include one court appearance. You don't have to do the math to figure if an attorney gets a deadbeat out of your house one month sooner, you're already one month ahead of the game.

    Court procedures differ, but the tenant should have been out in 3 months, and if a deadbeat, a professional tenant manages to drag it out to 6, they're considered pros.

    You can find an eviction lawyer if you consult the bar association. Or, if you go down to the courthouse, here in NY where I am, they have housing court, and you can find the courtroom where cases are heard, and get an attorney that way, and a chance to first see them in action. Often, if you have an attorney handle a case, they'll refer it to one of these guys that specializes in them.

    You needed an attorney like yesterday, or more precisely, like last year.
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