A mentally ill man was hospitalized and upon returning to his rented apartment was served a 3 day notice to quit. How long does he have to move out?

Asked by Sbh, Sacramento, CA Fri Mar 4, 2011

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Bud Zeller’s answer
Bud Zeller, Agent, Folsom, CA
Sun Mar 13, 2011
Seek advice form experienced professionals that have been involved in situations like this!
Unlawful detainers actions are expensive for landlords, who may be willing to negotiate?
Therefore, some cases may take a while if you negotiate with sufficiene advice?
0 votes
BG, Home Buyer, Phoenix, AZ
Fri Mar 4, 2011
is this the 1st notice , 2nd notice ? 30days notice has been given ?? is he current on his rent ?? Ca has a very very strict eviction rule. They normally just can't evict some one without causes. But they can give you 30days notice and then 3 days notice, and then the Sheriff will come. Ask your apartment manager for more details and some local tenant advocate to defend your case.
0 votes
BG, Home Buyer, Phoenix, AZ
Fri Mar 4, 2011
Mike gave an excellence link below and worth looking into for further assistance.

Here is the time-line I kind of summarized it a bit for his benefit:

1. End of 3rd day, landlord can start the eviction process
2. Landlord can file a Unlawful Detainer Lawsuit and it may take any where between 5-20 days for court date
3. Landlord win case , court will issue a writ of possession, and he has 5 days to move
4. If he does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit.

Or he can talk to Apartment Manager and tell them that he is moving and may take a bit longer than a few days. I am sure they will accommodate his request to avoid a court cost on their side and an eviction record on his side. Personally, I think he has 15 days top. Good luck !

here is the link for details: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
0 votes
Sbh, Renter, Sacramento, CA
Fri Mar 4, 2011
Thank you for your input. He has not ever been late on his rent and paid this months rent as well. Not sure if landlord cashed check though. His behaviour is what is getting him evicted. He will move out I just need to know legally how much time he really has and if they can legally ask him to move in three days. He is just recovering from his episode and hospital release. Any advise is welcome.
0 votes
Michael Emery, , Minneapolis, MN
Fri Mar 4, 2011
Follow the web reference below this answer for the link to the California tenants union directory.
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