Legal Question in Landlord & Tenant Law in California

i didn't file an answer to my unlawful detainer in time and have received a writ of possession. is there any way i can motion to get another hearing, stop the lock out or maybe get more time til i have to vacate?


Asked on 10/02/09, 9:21 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

California has a law that allows a tenant to seek a short hardship extension from the court. You might look into doing that.

If you want a trial, you will have to file a motion with the court to set aside the default and default judgment, and seek to enjoin the lockout. You would have to show surprise, inadvertence or excusable neglect for not answering the lawsuit which you knew about. Such excusable neglect might be hospitalization for various reasons, or a death in the family. An excuse such as "my dog ate my eviction notice" won't fly. Judges are savvy and have heard just about every excuse. You'd have to be convincing.

Read more
Answered on 10/04/09, 7:39 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California