Legal Question in Real Estate Law in California

Re: unlawful detainer-appeal judgement

There is a Motion that you can file that will allow you to stay and prevent forfeiture. This type of Motion is hard to win and you would have to show that you could tender the past due rent, costs, and attorney fees.

Re: unlawful detainer-appeal judgement

You can file, but your chances of persuading a court to grant your request are remote in the extreme! Think about it; every tenant who cannot pay the rent is undergoing some degree of stress and if a court allowed a tenant to remain based upon a medical condition, no one would ever be evicted and no one would ever rent property to anyone as they would have no probablility of getting a tenant to pay teh rent! Look at the flip-side of your argument from the point of view of the owner of the property: he or she has worked hard and saved their money and invested those hard-earned savings in a property and has to pay the mortgage on the property and is dependent upon the tenant paying his rent so they can pay the mortgage; when the tenant doesn't pay he or she may lose their proeprty--now that is stress too! You should not expect other people to pick up the tab for your personal problems.

Re: unlawful detainer-appeal judgement

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

You can file an Ex Parte Application and Declaration for Relief from Eviction (if you are willing and able to pay back rent, costs, and future rent) to avoid forfeiture, or you can file an Ex Parte Application for Stay of Eviction to temporarily delay the lock out thus allowing time for an appeal. Both motions require "good cause" and both are extremely difficult to "win"

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