How can I fight a writ of possession of real property to the landlord's name even though he does not reside here, I do?

Sounds like this is a sublease and the guy you rented from is getting evicted by his landlord. In these cases everyone he rented to must also move out. Hiding it from you was illegal. You are correct. He is legally required to serve you a proper noce to vacate. There is not really anything you can do about it at this point though. You are still going to have to move out. You fail to move out by the court ordered date and the sheriff can come remove you from the property.

You will have to sue him for failing to give you a proper notice to vacate.

Your potential rights to fight the Writ of Possession depend on a lot of factors.

First, a person living in a property can go to Court and fight a Sheriff's Lockout Notice up to the time that the Sheriff is knocking on the door - and don’t let anyone tell you different. In fact, I once saw a Judge restore possession of a property to a tenant after the Sheriff’s lockout had taken place earlier that day, but that is an extremely rare circumstance.

With that said, if the property you're living in was the subject of a foreclosure, you as a tenant have special rights that the foreclosed homeowner doesn't have. For instance, under California law if you're a tenant residing in a property that was foreclosed upon, you may have the right to stay for 90 days after service of a Notice to Vacate or possibly even to the end of your lease term. Again, this will depend on various factors.

Now, if the property was not a foreclosure, and the landlord has used unlawful or underhanded methods to evict you, it is imperative that you get in front of the Judge that was assigned the eviction case immediately to try to stay the Sheriff's lockout.

It's unfortunate, but there are landlords out there who will perform a "trash can" service of eviction lawsuit papers. This means that they throw the eviction papers in the trash can and then tell the Court they served the tenant with the papers. Again, the Courts won't be able to help you unless you get in front of the Judge and explain what happened and offer some type of evidence to support your claim.

With that said, you really need to talk to an attorney that has experience in landlord tenant law. If you can’t afford an attorney, many California courthouses have self-help windows where they can offer you assistance on what you need to file to fight the Writ of Possession and Sheriff’s lockout.

you can pack up your things and put them in storage, that can be done in 9 days

if you have been notified to vacate, you are likely on a month to month lease

and you were probably notified and someone pulled the notice down--you don't know that the landlord had it done

if everyone else is aware of being evicted you are not special

the landlord obviously has other plans for the space, maybe demolition

You paid 4 years' rent in advance? Thats very strange. You have to sue your landlord to get that back since you were evicted.

They evict anyone on the lease. Seems you are not. Get out while you can. Sue your LL for breach of contract.

Yes you do. However, it will take more time than you have, to do anything legal

about it. It will require you to file a court case.

No - one court order - one notice for everyone living in the house. You are lucky you have more than 24 hours, which is much more common than being given 7 days. Writs of possession don't just happen. Either one of you violated the lease or the rent was not paid. A landlord doesn't go to court to get a Writ of Possession without a good reason. If you are not out by the date the order states, the sheriff will drag you out, without your belongings and if you return for any reason, you will be charged with trespassing. Get packing and rent a storage unit to store your belongings.

legally they almost surely have to give you 30 days.

Go to the Web site AVVO and ask there. All answers are from attorneys.

My opinion, stick all your stuff in storage and look for another place.