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Eviction Delay: Ways to Avoid Eviction
Landlord - Tenant Law in California
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If a tenant is facing eviction there are certain steps he/she can take to avoid or eviction delay in california, based on the California landlord - tenant law. First, talk with the landlord to see if there is a way to resolve the situation. The eviction notice should contain a cure clause giving the tenant time to remedy the situation. If the tenant feels they have not been fairly treated, they should provide documentation or evidence related to a wrongful eviction. If the eviction cannot be resolved, the tenant can seek legal advice from an attorney or legal aid service and take the matter to court.
Since it takes a court order to legally evict a tenant, a landlord has to go through a specific eviction process before the tenant can legally be evicted based on the landlord - tenant law in California. The eviction process varies from state to state, but even so a landlord still has to provide a written notice before trying to evict a tenant.
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Typically, the tenant has five to thirty days to move out from the day of the eviction notice. The notice gives the tenant time to pay the rent or correct any lease violation.
Before pursuing legal options, there are other ways to possibly avoid eviction and not have to delay eviction. You should never pay your rent in cash. You should have a receipt for proof that you did try to pay your rent and always make a notation on your personal check or cashier’s check stating the specific month the payment is for. Contact your county housing department to see if your home is protected by rent control laws and to make sure your home/apartment conditions are up to county standards.
Eviction Delay - California
If the tenant decides to go to court there are several legal options based on the landlord tenant law california, that can delay the eviction Los Angeles, San Francisco, and San Diego The tenant can petition the court for more time if there is a valid reason to challenge the eviction. If the eviction was for something other than not paying rent or mortgage, the tenant may be able to buy extra time or the tenant can appeal the filing which will cause a delay until a judge has read the appeal.
There are several filings that can eviction delay in Los Angeles. File a Motion to Quash states that the tenant was either not properly served or notified. File a Motion to Strike challenges the legal authority of the landlord to file the eviction which can set the eviction back up to three weeks. Another option is for the tenant to file a Demurrer which states the notice is wrong on its face.
We can show you how to delay your eviction based on the landlord tenant law in california. If legal options fail, and the tenant is evicted by the court, the tenant has up to five days to vacate. The tenant can ask the court for up to six months though a “stay of execution” which is at the judge’s discretion.
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