Delaying Your Lockout in California: Filing a Motion for Stay of Execution in Eviction Actions

In California, you may obtain a court order to delay your lockout date, which is called a stay of execution of judgment or a stay of eviction (in unlawful detainer actions).

In unlawful detainer actions, the court has the discretion to delay a lockout even after a landlord receives judgment for possession of property where a tenant convinces the court that there may be extreme hardship, (through a declaration of facts) if the lockout is not delayed. In this way, under California Code of Civil Procedure § 918(a), the trial court may stay the enforcement of any judgment or order.

A stay may be granted if the tenant satisfies the courts' requirement of demonstrating extreme hardship. The tenant often files an "ex-parte" motion and

if a landlord received notice that the tenant has filed a stay of execution due to hardship under CCP § 918, the landlord should act quickly in seeking counsel. This notice may be nothing more than a phone call notifying the landlord of the date and time of the impending hearing.

A landlord may oppose the motion and specify why the stay may be harmful or prejudicial to the landlord. Further, the landlord's attorney should also request that the tenant pay rent during the stay period (if such stay is granted).

If you need assistance with your lockout matter it is beneficial to retain experienced and professional attorneys to assist you. Please call Aziz Legal by phone at (408) 203-4627 or email us at abid@azizlegal.com.

This article is merely informational and is not intended to be used as legal advice. Use of any information from this article is for general information only and does not represent personal legal or tax advice, either express or implied. Readers are encouraged to consult Aziz Legal, or another attorney, for any specific legal matters.