Summary
The user received a 3-day eviction notice in May 2024 but the landlord has not yet filed an Unlawful Detainer. Possible reasons for the delay include court backlogs, legal considerations, or administrative errors. The user is concerned about the gap between the notice and potential filing, and whether a new notice is required. They are also considering suing for emotional distress due to the prolonged uncertainty. Consulting a local tenant rights attorney is recommended for personalized advice.Full Conversation
Hi. Just curious. It is September *, *. I was served a 3 day notice for my apartment of 24 years on May *, *, and the owners have yet to file the Unlawful detainer with the court. She initially told me to turn in my keys April 1st, and it's been 4 months since I've been served. The eviction is over the Covid debt from Dec * to Oct *. (I think those are the dates) & I turned in the Declarations. What's could be causing the hold up? Could the owners have forgotten about me?
C'Leste, it's possible the delay could be due to several reasons:
- Court Backlogs: Many courts are still catching up from Covid-related delays.
- Legal Considerations: The landlord may be reviewing their legal options or waiting for new legislation.
- Administrative Errors: They may have simply forgotten or lost track of the case.
Considering your situation, it might be a good idea to consult a local attorney who specializes in tenant rights. How would you like to proceed?
I called the court & it's not a back log issue. They said the owners just haven't filed yet.
It's possible the owners are delaying the filing for various reasons, including potential legal considerations or administrative oversights. Since you’ve been living there for 24 years and the eviction involves Covid-related debt, it might be beneficial to understand your rights and options under California's tenant protection laws.
Would you like more detailed information on tenant rights in California, or assistance in finding a local tenant rights attorney?
Will it look weird to the judge that the 3 day notice was in May but the Unlawful detainer may not be filed until October or November? Is that normal or rare to have that kinda gap? Will they have to reserve me the 3day? Especially since it only includes * of the current months from this year (non Covid debt) fir Feb & March. But what about the *-7 months thru September or October?
C'Leste, here are some points to consider:
- Gap Between Notice and Filing: It's uncommon but not unheard of. Judges may question the delay.
- Service of New Notice: The landlord may need to serve a new *-day notice if significant time has passed.
- Debts in Notice: Unpaid rent for the months not included in the initial notice may require new notices.
Given the complexity, consulting a tenant rights attorney could be very beneficial. Would you like information on how to find one?
Can I sue for this emotional distress? I had * payments in March they asked for. They told me to keep my money. Pay if full or turn in my keys April *. She volunteered she'd get back to me the next day to confirm me options. That was March 4th. I never heard from her... I emailed several times, reminded them I turned in the Declarations. Turned my world upside down & left me hanging for 6months.
C'Leste, you might have grounds to sue for emotional distress, but it can be complex. Here are some key points to consider for California:
- Intentional Infliction of Emotional Distress (IIED): Requires proving the landlord's conduct was outrageous and intended to cause distress.
- Negligent Infliction of Emotional Distress (NIED): Requires proving negligence leading to distress.
Consulting a local attorney specializing in landlord-tenant law can clarify your options. Would you like assistance finding one?
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