Ask for more time to move. If you lose your eviction case, you need to move out (at the latest) 5 days after the sheriff posts a Notice to Vacate on your door. If you need more time to move, you can ask the court for a stay of execution. You will need to show the court that you have a good reason for needing more time.
If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.
The Ellis Act is a 1985 California state law that allows landlords to evict residential tenants to “go out of the rental business.” In California, landlords (big and small) can choose to go out of the rental business and evict tenants.
California consumers have a legal right to immediately cancel contracts under a variety of contractual law theories. Contracts can be terminated for fraud, fraudulent executon (Jones v. Adams Financial Services (1999) 71 Cal.
If you are a tenant and feel like you are being unfairly evicted and/or your eviction notice is in violation of the eviction moratorium, please call Bay Area Legal Aid (BALA) at 800- 551-5554 and ECHO Housing at 510-581-9380 or 855- ASK-ECHO.
The eviction will occur as soon as possible after the expiration of the 5-day notice. The 5-day “NOTICE TO VACATE” will be served by personal service on an occupant or by posting a copy at the address and mailing a copy to the debtor/tenant(s).
Financial assistance for unpaid rent and utilities may be available to residential tenants at the State of California's website at: or by calling 1-833-422-4255. For affordable housing information, visit - Housing.
Termination by agreement intends that the contract should be further performed, the parties are regarded as having so conducted themselves as to abandon the contract. length of time has been allowed to elapse, during which neither party has attempted to perform, or called upon the other to perform.
To cancel, the buyer need only give the contractor written notice of their intent not to be bound by the contract. Under the law when the contract is canceled the seller can be required to return the entire contract amount and restore a consumer's property to the way it was before the contract.