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Maverick
Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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We have been served a lockout notice. both my husband and I

Customer Question

we have been served a lockout notice. both my husband and I are disabled, we have a school aged child, and a 1 day old grandson who will be homeless if we cannot get a stay of eviction. Please help.
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  DamienBosco replied 3 months ago.

Hello. My name is***** am an attorney. I am here to help you with your question. I may take a moment to research or clarify issues. Okay?

Expert:  DamienBosco replied 3 months ago.

Do you have an attorney?

Customer: replied 3 months ago.
no
Expert:  Maverick replied 3 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 3 months ago.

Code of Civil Procedure § 918 authorizes the Court to stay the enforcement of this eviction but it has a definite time limitation in that the Court has the power to stay the enforcement of the judgment for a maximum of 40 days from the date that the judgment was entered. Note that some courts have a policy of only granting a one week stay.

In order to qualify, the you must show to the court that you are ready and able to pay rent as it falls due for the period during which execution is stayed. Otherwise, the court will not grant your application.

Note that the court cannot require you to pay any back rent, only the rent that falls due for the period during which execution is stayed. You may want to use a Cashiers Check in an amount sufficient to pay the rent for the entire period of the stay requested, made payable to the clerk of the court and submitted at the time of your ex-parte application for a stay of execution.

HERE are the sample forms and instructions you can use as a go-by.

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