How longafter you receive a notice of unlawful detention/detainer are you physically evicted from a property?
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How longafter you receive a notice of unlawful detention/detainer are you physically evicted from a property?
We were foreclosed upon, auctioned, and the property defaulted to the beneficiary (HSBC). On Friday, 3/11/11, we were served with notice of Unlawful Detention/Detainer. I’m worried that a sheriff will show up in 1 or 2 days and evict us. How long do I actually have. We are in the process of finding a suitable rental for our family but the process has been difficult, as most properties are being snatched up quickly.
Asked on March 13, 2011 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Although an unlawful detainer action is a summary proceeding, meaning that the courts act quickly in determining the matter rather than the long drawn out process that court proceeds usually are, in most cases, the tenant has five days to file a written response to the lawsuit after being served with a copy of the landlord's summons and complaint. Normally, a judge will hear and decide the case within 20 days after the tenant or the landlord files a request to set the case for trial. So I doubt that the Sheriff will show yet and really he needs an order of eviction and a writ to allow him to take your stuff and place it on the street (he generally locks the doors first) and to enter the apartment. If you have not yet filed the written response do so on Monday. It will buy you some time. Good luck.
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