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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 7416
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TENANT, RECEIVED 5 NOTICE TO VACATE, TODAY IS FRIDAY.

Customer Question

I AM A TENANT, RECEIVED 5 NOTICE TO VACATE, TODAY IS FRIDAY . LOCKOUT DAY IS TUESDAY 25TH 6AM. JUST NEED MORE TIME TO MOVE OUT.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  legalgems replied 1 month ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 1 month ago.

I am sorry to hear this; what state is this in regards to?
Also, what is your exact question please?

Customer: replied 1 month ago.
what do I need to do to stay more time? Like 30 day. Received 5 day notice from sherif. Lockot is Oct 25th.6am
Customer: replied 1 month ago.
I live in chino hills ca. In an apartment.
Expert:  legalgems replied 1 month ago.

Thank you;

one can request a stay of eviction for up to 40 days based on hardship. The relevant statutes are below. Sometimes the landlord will agree to it, but if not the judge can order it.

the forms are here

That statute is here:

918. (a) Subject to subdivision (b), the trial court may stay the
enforcement of any judgment or order.
(b) If the enforcement of the judgment or order would be stayed on
appeal only by the giving of an undertaking, a trial court shall not
have power, without the consent of the adverse party, to stay the
enforcement thereof pursuant to this section for a period which
extends for more than 10 days beyond the last date on which a notice
of appeal could be filed.
(c) This section applies whether or not an appeal will be taken
from the judgment or order and whether or not a notice of appeal has
been filed.1176. (a) An appeal taken by the defendant shall not automatically
stay proceedings upon the judgment. Petition for stay of the judgment
pending appeal shall first be directed to the judge before whom it
was rendered. Stay of judgment shall be granted when the court finds
that the moving party will suffer extreme hardship in the absence of
a stay and that the nonmoving party will not be irreparably injured
by its issuance. If the stay is denied by the trial court, the
defendant may forthwith file a petition for an extraordinary writ
with the appropriate appeals court. If the trial or appellate court
stays enforcement of the judgment, the court may condition the stay
on whatever conditions the court deems just, but in any case it shall
order the payment of the reasonable monthly rental value to the
court monthly in advance as rent would otherwise become due as a
condition of issuing the stay of enforcement. As used in this
subdivision, "reasonable rental value" means the contract rent unless
the rental value has been modified by the trial court in which case
that modified rental value shall be used.
(b) A new cause of action on the same agreement for the rental of
real property shall not be barred because of an appeal by any party.Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned5 stars 🌟🌟🌟🌟🌟*****as I strive to provide my customers with great service. ☺️ (no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalgems replied 1 month ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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