Legal Question in Landlord & Tenant Law in California

Re: Appeal unlawful detainer

Good news and bad news!

You can appeal. But, you will have to move, and satisfy the judgment in most cases.

I am enclosing some information that is well written and concise from the Santa Barbara Superior Court, that is applicable here. The same situation occurs in Riverside County.

What will happen if I lose the case? May I appeal the judgment?

IIf the landlord obtains judgment against you, you will have to move. The judgment may include the landlord�s court costs and attorney fees plus any proven damages. You may appeal the judgment; however, an appeal does not automatically stay proceedings upon the judgment. To stay the execution of the judgment during the appeal process you must file a Petition for Stay of Execution Pending Appeal.

Petition for Stay of Enforcement � A petition for stay must first be directed to the judicial officer who hears your case. Petitions are not granted unless it can be shown that you will suffer extreme hardship in the absence of a stay, and that the stay will not cause a hardship to the landlord. If the judicial officer grants the petition, you will have to pay the �reasonable monthly rental value� to the court in advance as rent becomes due. The Court also has the discretion to impose other conditions on the granting of the stay. The Court also has the discretion to restore a tenant to his/her former tenancy in cases of extreme hardship. You may petition the Court to be restored to your tenancy by filing an Application and Petition for Relief from Forfeiture.

Relief from Forfeiture of Lease � Hardship is the only basis on which the court may relieve a tenant from forfeiture of a lease. If the petition is granted, you will be required to make full payment of all rent due and to fully perform any other conditions of the lease, if applicable. The Court may also require you to pay the landlord�s attorney fees and costs.