Legal Question in Landlord & Tenant Law in California

eviction appeal

My question is simple. Can an eviction be appealed? The Judge was rushed for time so he really didnt give us a chance to put up a defense. All he wanted to know is, did we paid the rent on time. We tried but they would not except our check. The house was sold and the new owner

gave us a 3 day pay or quit with our check. It was his way of getting around giving us a 60 day notice to vacate. And it worked. Now we have to pay his court cost, attorney fee,and 2 months rent. We do have records showing that we tried to pay. I would like that eviction to be taken off my record. Please help.


Asked on 10/19/04, 4:26 am

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: eviction appeal

You can appeal the monetary judgment, but not the actual eviction.

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Answered on 10/19/04, 12:58 pm
Robert Winkler The Law Office of Robert James Winkler

Re: eviction appeal

An Unlawful detainer action can appealed as any other civil action. Also, You can motion the court for a stay of execution or for a new trial. There are time constraints that are paticular to each jurisdiction.

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Answered on 10/19/04, 1:32 pm


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