Code of Civil Procedure Section 1179 allows a tenant to request that that the Court conditionally relieve a tenant from the forfeiture in a Writ of Possession. Forfeiture in an eviction means that the lease is cancelled and a landlord is entitled to possession.
Under Section 1179, a tenant must show hardship beyond what a person would normally experience in an eviction. Further, the tenant must be ready to pay all rent and other money owed to the Landlord in order to make the landlord “whole.” If a tenant was evicted based upon a Three Day Notice to Perform or Quit, the tenant must show the activity that caused the breach is no longer existing. For example, if the tenant had a pet and there was a “no pets” clause in the Lease, the tenant must show that there is no longer a pet at the property. A
A tenant generally makes this request once the Sheriff’s Department posts a 5 Day Lockout Notice. Generally, the tenant files an ex parte application and then a noticed hearing will be scheduled. During that time, the Court may stay the lockout.
Whether a court grants a Motion from Relief from Forfeiture depends heavily on the facts as a tenant must show a hardship beyond what a person would normally experience if they were evicted. If you are landlord facing a Motion from Relief for Forfeiture or a tenant looking to file one, please contact Attorney Anthony Marinaccio at 818-839-5220 for more information.