File a stay of execution to get more time
If don't move out right away, your landlord can ask thesheriff to put a Notice to Vacate form on your door that says you have to move out within 5 days. This may not be enough time if you need to move a family member out who has a health issue. Or, another place to stay may not be ready for another week.
If you need more time to move out, you can ask for extra time by filing a stay of execution. You will need to pay your landlord for this extra time. You must bring the money to court when you ask for more time.
A stay sounds like you get to stay in your house, but that's not what it means legally. It means to delay making you move out.
If you get a stay of execution, the judge will probably allow you to stay for up to 40 more days, but usually not longer.
Consider getting legal help if you want a stay of execution
You can only file for a stay after you've gotten the sheriff's Notice to Vacate on your door. As soon as they do, you have a very short time to ask for more time. You need to have legal help to do this.
- There are no court forms you can fill out so you have to create your request in aspecific legal format called pleading paper.
- You have to research the law to figure out what to put on the papers you file.
- You have to let your landlord know what you're doing and go to court very quickly.
- It's hard to figure out the deadline for when you have to tell your landlord what you're doing and when you have to go to court to ask the judge. If you're too late, your stay will be denied.
Even if you think you have a good reason the judge may not let you stay longer so you have to be ready to move.
You'll have to have all the money needed to pay forthe extra days upfront when you talk to the judge or the judge will automatically say "no" to the extra time.
When yourlandlord filedthe Complaint at the beginning of your case they may have said how much they think you owe per day forrent.If you want to stay for 15 extra days, for example, you'll have to bring $750 (15 days times $50 per day) when you take yourstay of execution to the judge.
Some courts calculate this differently and make you pay starting with the day of the judgment, so you may owe more than you think.
Contact your court to find out how they calculate the amount required for a stay of execution payment.
How to figure out the deadline for asking for a stay
The deadline to let your landlord and the court know you need more time is fast.
- You have to ask the court at least 1court daybefore the sheriff's Notice to Vacate says you have to move.
- You have to let your landlord know at least 24 hours before then.
You can do these things earlier, but not after these deadlines.
EXAMPlE: deadline to Ask for A stay of execution
If thesheriff's Notice to Vacate says you have to move out Tuesday at 12:01am:
Start with day 5 on the sheriff’s Notice to Vacate (example – the Notice says you have to move out by 12:01 am Tuesday (September 18).This basically means you need to move out by midnight onMonday,September 17.
Count back 2days (to Friday, September 14) – You needto call the landlord or his/her attorney by 10:00 am Friday to let them know you are going to come to court the next court day (the next day court's open) to ask the judge for more time to move.
2nd, now count ahead one day - You needto come to court at 8:15 am (approximate time - check with your court)Monday, September 17, in this example, to ask the judge if you can buy the additional time.
FAQs
If you need more time than the Notice to Vacate gives you
How to file a stay of execution for an eviction in California? ›
You have to ask the court at least 1 court day before the sheriff's Notice to Vacate says you have to move. You have to let your landlord know at least 24 hours before then.
How do I stall an eviction in California? ›
Your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can't come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
What is a 918 stay of eviction? ›
An eviction stay of execution due to hardship under California Code of Civil Procedure §918(a) in California may be granted if the tenant satisfies the court that extreme hardship would occur but for the temporary delay.
What is a writ of execution for possession California? ›
States the court's order to the sheriff to take and hold property that the plaintiff claims is theirs but that the defendant is wrongly keeping. Also gives defendants information about their rights.
What is the purpose of stay of execution? ›
Stay of execution is directed by a court to stop some form of enforcement action. A stay of execution can apply in many circ*mstances like stopping the sale of property in bankruptcy or the execution of a death penalty.
How do I petition the court to remove an eviction in California? ›
How to ask for your eviction case to be dismissed
- Fill out forms. Fill out the following forms. ...
- Make copies of the form(s) Make 2 copies of the completed form(s).
- File the Request for Dismissal with the court. ...
- Serve the forms. ...
- File the Notice of Entry of Dismissal and Proof of Service.
It depends upon how the law is written in your state. For example, in California, a residential eviction begins with the landlord serving the tenant with a Three Day Notice to Pay Rent or Quit. So long as the rent is paid within the three day period, the eviction is automatically cancelled, and the tenancy continues.
What is a motion to quash eviction in California? ›
A Motion to Quash Service is filed when the tenant says that the landlord didn't serve the Summons and Complaint properly. If the tenant wins, the landlord has to re-serve the Summons and Complaint. If the landlord wins, the tenant will have to file an Answer to the Complaint right away.
What is the eviction hardship extension in California? ›
The Eviction Hardship Extension is a set of temporary protections implemented by the California legislature to assist tenants who are facing financial hardship due to the COVID-19 pandemic. These protections aim to prevent mass evictions and provide tenants with the opportunity to regain financial stability.
How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.
What is the longest an eviction can take? ›
Generally, it can take between thirty-five and sixty days if the eviction is not contested by the tenant. If the tenant contests the eviction, it can then take between sixty and ninety days.
What happens when the sheriff comes to evict you in California? ›
Writ of Possession/Notice to Vacate
(If the Landlord/Plaintiff wins the case, the Landlord/Plaintiff can obtain a writ of possession to move you out of the property. The Sheriff will post what is called a “Notice to Vacate.” You will have five days from the date the Sheriff posts the Notice to Vacate to move-out.
How do I stop a writ of execution in California? ›
The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.
How long does a writ of execution last in California? ›
The writ of execution expires 180 days after the issuance. Manner of Service Personal Service. Proof of Service A proof of service is not issued. Instead, a return detailing the Sheriff's actions is prepared which accompanies the writ of execution when it is returned to the court.
How long do I have to move after a writ of possession in California? ›
The sheriff will give the tenant 5 days to move
This gives your tenant 5 days to move out. If they don't move, the sheriff will remove them from the home and lock them out.
How to file a motion to stay in California? ›
Motion to Stay Pending Appeal
- Select Bankruptcy menu.
- Select Motions/Applications.
- Enter the case number using correct format and ensure case name and number match the document you are filing.
- Select Document event: Stay Pending Appeal.
- Select the party filer. ...
- Browse, verify and attach the document (PDF file).
To collect money from the other side's bank account or their paycheck, you first need a filed Writ of Execution from the court. This tells the sheriff to go to the other side's bank or employer and have them give the sheriff money from the other side's bank account or paycheck to give to you.
What is an emergency motion to stay writ of possession in California? ›
The Emergency Motion must say four things: (1) the reasons you should not be put out by the Sheriff; (2) a request that the Judge to stop the Sheriff from putting you out; (3) a request that the Judge allow you to give you a hearing so you can tell the Judge in person why you should not be put out, and to present any ...
