Legal Question in Landlord & Tenant Law in California

Tenant fighting eviction

What steps can I take to have the time I need to move out extended? I was advised our Governor made a law that I have 60 days minimum because we have an infant and we are in a desperate postion of hardshiP


Asked on 9/11/07, 10:53 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Tenant fighting eviction

I am enclosing a copy from a page stating the rules and regulations for a relief from forfeiture, as follows:

It is possible, but rare, for a losing tenant to convince the court to allow the tenant to remain in the rental unit. This is called relief from forfeiture of the tenancy. The tenant must convince the court of two things in order to obtain relief from forfeiture: that the eviction would cause the tenant or the tenant's family severe hardship, and that the tenant is able to pay all of the rent that is due or that the tenant will fully comply with the lease. A tenant cannot obtain relief from forfeiture when the term of the tenancy has already expired (for example, in a month-to-month tenancy). Any petition for relief of forfeiture should be filed immediately after the court issues its judgment.

Whoever advised you of such a "hardship" rule is in error.

You must answer the eviction (unlawful detainer) and be able to pay.

Remember, this is rare, although I had a client succeed a month or so ago in Los Angeles.

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Answered on 9/12/07, 11:05 am


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