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?
1 Answer from Attorneys
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.