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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9129
Experience:  Since 1983
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I need to move out on the 1st of the month due to an

Customer Question

I need to move out on the 1st of the month due to an unlawful detainer filed last month. I agreed to move out by the 1st however, I was just informed by my new landlord that the unit will not be ready until the 7th. I tried asking my landlord for an extension of 7 days and offered to pay for the pro-rated days I stayed longer and offered to leave the place in move in ready conditions so she wouldn't have any further expenses or loses due to this extension but she refused to accept. If I leave on the 1st, my kids and I will be homeless. Can I file for a Motion to stay with the court?
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else important you think the Real Estate Lawyer should know?
Customer: Nothing other than the reason I fell behind to start with was due to me having a bad car accident where I ended up in a coma for 2 months. My daughter was caring for my 2 younger kids and tried to get a student loan to pay the rent with but was unable to. By the time I found out about everything, it was 2 days before court and I just agreed to whatever they said
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 7 months ago.

Thank you for your question.

Is there already a court judgment of eviction or any court order or orders relating to this?

I need to ask where this is happening, many towns have local eviction ordinances.

Customer: replied 7 months ago.
North Court in Orange County California A Stipulation For Entry Of Judgement is the last thing I was given by the courts.
Expert:  N Cal Attorney replied 7 months ago.

Thank you.

The answer is Yes you can ask for a stay of execution of the judgment, see § 31.83 of http://www2.courtinfo.ca.gov/protem/pubs/bg31.pdf

That cite refers to Code of Civil Procedure § 918, which states:

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.

from

http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=916-936.1

I hope this information is helpful.

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