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  1. #1
    Join Date
    Nov 2007

    Default How Do You Stop An Order to Vacate

    I have lived in this house for 10 yrs now. My landlord died and there was no will. His second cousin came by to see if the house was still here after hearing about the death of his cousin. I get a court eviction from the estate of not my landlords name but from his mothers name that died years and years ago. Here is my problem. I misread the time frame I had to respond to this and when I went to do the response they said I was already in default. I get a paper posted on my front door giving me 6 days to be out. Before my landlord died he told me that i could live in this house until my son was 18 years old. What can I do now? Anything? I have nowhere to go and no money to even try to move right now. HELP
    I live in california

  2. #2

    Default Re: Is it possible to stop an order to vacate?

    time is running out....see an attorney like today and explain what's going on.

    good luck

  3. #3
    Join Date
    Nov 2007
    Officially across the country from where I've been all my life

    Default Re: Is it possible to stop an order to vacate?

    You seem to be questioning why the eviction was in the estate of your landlord's mother. It could be possible that after her death, the property never transferred so your landlord never really owned it.

    You can't prove your landlord said you could stay until your child turned 18, and they've already filed a writ of possession. You're going to have to move. You have no grounds to stay in that house if they want you out (which they obviously do).

  4. #4

    Default Re: Is it possible to stop an order to vacate?

    they want you out...period.

    if you want to fight and delay the outcome (you will have to move at some point) you need legal advice. was the process correct?????? they may be able to help you.

    i would also tell you to find another a back up. if the process is legal you may find all of your belongings out on the street with you in a few days....

  5. #5
    Join Date
    Nov 2007

    Default Re: Is it possible to stop an order to vacate?

    I dont have the money to rent a uhaul truck or the money to rent another place. I am not on welfare. Every penny I get I earn and it is hard enough to make ends meet. I just dont have the money to move even if I could find a place.

  6. #6

    Default Re: Is it possible to stop an order to vacate?

    kathy if you just sit there you could possibly be sitting on the street with all of you goods.

    this forum is not where you need to be, you need to be in an attorney's offce.

  7. #7
    Join Date
    Nov 2007

    Default Re: How Do You Stop An Order to Vacate


    As a caveat, I'm a first year law student taking Property this semester. So take my advice with a grain of salt.

    Landlord-tenant law varies enormously from state to state. You really need to speak to a lawyer or a trained property law student in California. Many landlord-tenant courts will provide law students to help people go through the law. In larger cities, there may be employment justice clinics, legal aid clinics, bar association clinics, and the like that help give legal advice.

    My concern is this: landlord-tenant courts are notoriously strict about defaults. Generally, once a default is entered it's very difficult to appeal on any grounds. And unfortunately even your landlord's oral statement that you could stay there isn't much help because real estate agreements and agreements of more than one year have to be in writing. Check with your local aid organizations who can point you in the right direction if they themselves don't offer aid.

    You best bet is to 1) go to your local landlord-tenant court and see if they have resources for you, 2) talk to the second cousin and try to strike a deal (or at least a little more time), and 3) try to appeal that decision on default.

    You may be able to get the court to stay the eviction (kick it back a few months) for reasons of economic hardship, weather (cold, raining), or the holidays. It depends on the state.

    I'm sorry to be a naysayer, and a lot of what I've written is common knowledge. This is a sticky situation with the default. There may be no good answer.

    Good luck. It's never pleasant when the law is used against people who need its protection the most.


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