I really need help

This is a discussion on I really need help within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; California.. My landlord took me to small claims court for back rent, unfortunately due to medical reasons I was unable ...

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Old May 9th, 2008, 12:35 PM   #1
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Default I really need help

California.. My landlord took me to small claims court for back rent, unfortunately due to medical reasons I was unable to attend the hearing. It shows I have 30 days to file a vacate of judgment, which I did today. The thirty days won't be up till the 21st of this month. But 2 days ago my landlord served me with a three day notice. Is this legal for him to do? Also on this 3 day notice he included the amount that the court awarded him.
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Old May 10th, 2008, 12:12 PM   #2
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If I remember my CA law, a 3 day notice can only include amounts for rent and nothing else. Was the judgment for rent alone? Why did he get a judgement but not an eviction? (Sounds to me like he wanted to be sure to get the judgment against you while he still knew where you were.) Now he is going after the eviction. You will have those days to pay all rent owed or the eviction case will be filed. After that, the hearing will be held and you will be removed from the property. A judgement and the appeal (that you just filed) are completely separate from an eviction (which is what he is now pursuing). Yes, he can do this.
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Old May 14th, 2008, 02:57 PM   #3
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Default Re: I really need help

the small claims court gives you 30 days to file a vacate of judgment, then if it is denied, 10 days to appeal. In this time frame the landlord cannot try to get the amount of the small claims court case, if he does he is violating the court order, and it makes the 3 day notice invalid.
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Old May 14th, 2008, 11:23 PM   #4
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These may be 2 separate issues. The poster doesn't state that the LL served the tenant with a 3 day Pay or Quit notice. He may not be attempting to get any money. The LL may have served the poster with a 3 day Unconditional Quit notice. The tenant may have been given 3 days to move before an eviction case was filed. (Have you had other violations beside the non-payment?) Is this the case, or was it a Pay or Quit notice?

If a Pay or Quit was served, the LL may have thought that you would not appeal since you really don't have much of a chance of winning it (you didn't pay up in full, did you?) If so, you will get a very short repreive while the court reads your response. The LL will then serve a new 3 day notice before the eviction proceeds.
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