Legal Question in Landlord & Tenant Law in California

A friend of mine is being evicted from their apartment. His wife died the week there before there was supposed to be moving out. He is not had time 2 get the stuff ready to move. Is there a way to go to court for him to get a couple of extra weeks. They are thinking that she died from black mold in the apartment. That has been that way for 8 months. What can he do so that he can get a couple of more weeks to get his stuff out of the apartment that they have lived in for 18 years. He is located in Fullerton California.


Asked on 9/06/16, 7:38 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

It depends on the stage of eviction. If they were given a 60-day notice, nothing will happen until an unlawful detainer lawsuit is filed and the landlord gets judgment against him. If there's already been judgment, the law allows a tenant to go to court to seek a short extension, though he would have to deposit with the court the reasonable rental value of the premises for the time he's allowed to stay. He could negotiate with the landlord a longer time, perhaps if he pays money. He might want to consult with a tenants' attorney or self-help clinic at the local courthouse. One further thought, if he suspects that his wife's unfortunate death resulted from mold, he should get specialists to come in and document and test everything before he leaves. Otherwise, he won't have any basis to make that claim in a potential lawsuit.

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Answered on 9/06/16, 7:41 pm


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