Legal Question in Real Estate Law in California

stay of petition

What is the Maximum amout allowed by law in the State of California for a stay of petition letting a tenant who has been given a order for eviction, continue to live at the property due to a ''hardship''? Person has already been granted a 30 day stay of petition for hardship. Can they be granted any more time?


Asked on 10/26/01, 7:17 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: stay of petition

There does not seem to be a statutory maximum; it is a matter left to the discretion of the judge, who must use such discretion wisely and not arbitrarily or unfairly. While a stay of 30 days is not unusual, it may be quite difficult to convince a court to give an additional stay. Your petition would have to show convincingly that the additional time will produce results. The court can impose additional conditions such as a requirement that interim rent be paid or that a bond be posted to protect the landlord.

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Answered on 11/23/01, 2:54 pm


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