If I just lost my unlawful detainer case and the Sheriffs Notice to Vacate is 11/28, is it too late to file a Stay of Execution on 12/27?

Asked on December 25, 2010 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is my understanding that when a tenant loses an unlawful detainer action the Sheriff can serve a Notice to Vacate immediately.  The Notice to Vacate can be as little as 5 days.  From the way that you have phrased the question here it appears that maybe your notice was 30 days, correct?  When a tenant loses an unlawful detainer action he or she can indeed file a Stay of Execution.  This allows the tenant to stay for up to 41 additional days, as long as he or she can pay the rent for the extra time in advance.  Try it.  If you are too late the court clerk will tell you so.  And if you are then get your stuff out asap.  Good luck.

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