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  1. #1

    Default How Quickly Can You Be Evicted If You Refuse to Move Out When Your Lease Expires

    My question involves an eviction in the state of: California

    I'm a very busy student, and when I rented my place (on a month-to-month basis) the landlord agreed verbally that he wouldn't ask me to move out during the school year. He has changed his mind and gave me a legal 60-day termination notice, asking me to move during the busiest time of the semester.

    I asked him if I could stay an extra 3 weeks, which not only helps me get through school, but means I can take advantage of the many places that will open up right as other students move out.

    He refused. I understand he has no legal obligation to accommodate me--I just think he's being a jerk, because he knows I'm a student and promised me not to ask me to move during the school year.

    I would like to use the threat of an eviction process as a little bit of muscle to get him to budge. I just want to know if I am relatively safe (I'm only going to stay an extra 3 weeks no matter what)... or if I'm getting myself into real trouble.

    I figured out how to word it so it doesn't sound like I'm being aggressive--- I'm just going to point out to him that moving just before finals week has a HUGE downside for me in terms of low grades that go on my permanent record (and a bunch of other bad things including some health problems I'm dealing with) --- and I'm just weighing in my mind which is worse -- an academic hassle or a legal hassle. I just want to suggest to him that moving is so bad academically that I might just want to deal with a legal hassle instead.

    My question is basically, what do I need to know about what I'm getting into? Does it help that I'm only going to stay an extra 3 weeks no matter what?

    Thanks,
    Mike

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: How Quickly Can You Be Evicted If You Refuse to Move Out When Your Lease Expires

    Being evicted will have serious issues. First it will work against you when you try to obtain a lease elsewhere. Second, he can recover his costs and legal fees for the eviction in the process. He can file the complaint on you the day you should be out. You can string it out in court if you like, but it will just increase the costs at every step of the way.

  3. #3
    Join Date
    Sep 2005
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    California
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    Default Re: How Quickly Can You Be Evicted If You Refuse to Move Out When Your Lease Expires

    If he does it right, the Sheriff can show up and put you out on the street at the end of the process (let us assume it is 60 days). You might then be on the street without the benefit of your stuff and forced to find another place at that instant.

    Yeah, it sucks, but you might want to start looking now. Better to leave on your own accord than to be booted out and have the eviction and bad reference prevent you from getting any new rentals.

  4. #4
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    Default Re: How Quickly Can You Be Evicted If You Refuse to Move Out When Your Lease Expires

    It isn't 60 days. He can summon him on the day he should be out (assuming that the 30 day termination notice was sent).
    Then if the guy doesn't answer he can get a default judgement as soon as he can get before a judge and get the sheriff there as soon as that can get scheduled. If he plays all his cards right it could be with in two weeks. Of course, if the renter answers and requests a hearing it drags out a bit.

  5. #5
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    Default Re: How Quickly Can You Be Evicted If You Refuse to Move Out When Your Lease Expires

    The unlawful detainer process is summarized here.

  6. #6

    Default Re: How Quickly Can You Be Evicted If You Refuse to Move Out When Your Lease Expires

    Apparently most of you didn't read that I'm leaving anyway within three weeks. The idea I have is that the eviction will never be completed. There's no need to stay for more than that. If he can't complete the process within three weeks I will not be forcibly ejected because I will already be gone.

    Then, what I wonder is if the eviction actually goes on my credit record, because (1) I won't owe him any rent (all that will be paid even for the extra days I stay) and (2) perhaps he won't be able to complete the process.

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