How to Stall to the Eviction Process in California
The Bankruptcy Law Firm Proudly Helps Clients Fight Evictions
California landlords can evict tenants if they fail to pay rent or violate
provisions of the lease agreement. If you find yourself in a position
where you are facing eviction, know that there are defenses available
to challenge it in court. Landlords must provide adequate notice to their
tenants informing them that they must pay any back rent, fix a lease violation,
or move out. If the tenant fails to complete what the landlord request
in the notice, then the landlord can file an eviction lawsuit.
What Is a Pre-Judgement Claim of Right to Possession?
When a landlord files an eviction, they have the option to serve a “pre-judgment
claim of right to possession” to all unknown occupants. This informs
all unnamed occupants that an eviction action has been filed and their
right to be heard in court. If the landlord includes a pre-judgment claim
of possession when they serve the eviction notice and the unnamed occupants
fail to complete and file the pre-judgment claim form with the court,
then the unnamed occupants lose their rights in the property and their
right to assert any tenancy rights.
However, if the landlord neglects to use a pre-judgment claim, then a person
residing on the premises who isn’t named in the lawsuit can delay
the eviction for at least two weeks by filing a “third party claim
of right to possession” at the last minute. The court will set a
hearing to decide if the claimant should have been named in the eviction
action. If the court decides the claimant is legitimate and should be
named as an additional defendant, then the landlord can be ordered to
start the eviction process again. Filing a pre-judgment claim can delay
the eviction process by up to 5 days.
Can an Automatic Stay Stop an Eviction?
Filing for bankruptcy will initiate an “automatic stay” that prevents your landlord
from starting or continuing any eviction process that was or could have
been commenced before you filed for bankruptcy. Additionally, landlords
can’t try to collect the money you owe for rent or bill you for
past due rent if you file for bankruptcy.
However, if the landlord gets a judgment of possession before you file
for bankruptcy, then it won’t stop the eviction. If your eviction
case is coming to an end but you want to remain in the property, then
you must deposit the full rent that’s due within 30 days with the
bankruptcy court the same day your case is filed. You must also submit
a certification that says you can cure the entire arrears and that the
law would otherwise allow you to do so. If any of these requirements aren’t
met, then the automatic stay won’t protect you from being evicted.
Consult with Our Bankruptcy Team Today If You’re Facing Eviction
The compassionate and dedicated lawyers at The Bankruptcy Law Firm are
here to assist if you are currently struggling with burdensome debt and
facing eviction. We make it our goal to provide top-notch legal representation
and save our clients’ from their debt nightmare.
Our attorneys have been selected among America's Top 50 Consumer Bankruptcy Attorneys,
and we are prepared to vigorously fight for your rights under the law.
To schedule a free consultation with a Certified Consumer Bankruptcy Specialist,
please call (877) 969-7482 or contact us online.