Understanding Unlawful Detainer Stays of Execution Due to Hardship Under CCP §918 in California

When a homeowner faces an unlawful detainer (eviction) judgment in California, the immediate concern is often: “How can I delay the sheriff’s lockout and gain more time?” The California Code of Civil Procedure (CCP) §918 provides a potential lifeline for individuals who are dealing with extreme financial or personal hardships. However, like most legal tools, it’s effective only when used properly. Let’s break down what this code means, how it works, and what you need to know if you’re facing eviction.

What Is CCP §918?

CCP §918 allows a court to temporarily delay the execution of a judgment—in this case, the sheriff’s lockout—if the tenant or homeowner can show that carrying out the eviction would cause undue hardship. This “stay of execution” is not automatic, and the court’s decision depends on the circumstances presented.

The key here is proving hardship. Courts understand that an eviction doesn’t just mean losing a place to live; it can disrupt families, jobs, and children’s schooling. If you can demonstrate to the court that the eviction would create severe, unfair consequences, you may buy yourself some additional time.

How to Request a Stay of Execution Under CCP §918

To request a stay under this statute, you need to act quickly and follow specific procedures:

1. File a Motion or Request: After the judgment is entered against you, file a written request with the court for a stay of execution under CCP §918. Be clear and specific about your circumstances.
2. Provide Evidence of Hardship: The court will not grant a stay just because you ask. You must provide evidence to support your claim of hardship. This could include:
   • Financial documents showing inability to pay for new housing.
   • Medical records if you or a family member have health issues.
   • Statements about children’s schooling disruptions.
   • Letters or declarations from employers, educators, or community members.
3. Propose a Timeframe: While you can’t stay indefinitely, the court will want to know how much time you’re asking for and why. Typically, courts grant a stay for a limited period—usually up to 40 days—to give you time to find alternative housing or address the hardship.
4. Pay Rent or Post Bond: In many cases, the court will require you to pay rent for the duration of the stay or post a bond as a condition of granting the delay.

Factors Courts Consider

Courts look at various factors before deciding whether to grant a stay of execution under CCP §918:

• Severity of the Hardship: The more severe and compelling your hardship, the more likely the court will grant a stay. For example, a single parent with children who would become homeless has a stronger case than someone with minimal ties to the property.
• Good Faith: Courts often consider whether you acted in good faith during the tenancy. For example, if you’ve been paying rent consistently but fell behind due to a sudden job loss, your hardship claim may carry more weight.
• The Landlord’s Rights: The court will also weigh the impact of the delay on the landlord. If the property owner is facing financial losses or other burdens due to your continued occupancy, this could influence the court’s decision.

Common Challenges

While CCP §918 offers a path to delay eviction, there are common hurdles:

• Short Timeframe: Stays under this statute are temporary. You’re buying time, not reversing the eviction.
• Proof Requirements: Judges don’t take your word for it; you need solid evidence.
• Judicial Discretion: Even with a strong case, the court has the final say. Some judges may be more sympathetic than others.

Practical Tips for Using CCP §918 Effectively

1. Act Quickly: Timing is critical. File your motion as soon as possible after the judgment.
2. Get Legal Advice: While CCP §918 is a straightforward statute, the process can be intimidating. A qualified attorney can help present your case effectively. Call our office now to see if we can help. 844.478.6774
3. Be Honest and Specific: Courts value transparency. Provide detailed, factual evidence to back your claims.
4. Prepare for the Worst: Even if your motion is denied, have a backup plan. Start looking for alternative housing and resources to minimize the disruption.

Conclusion

Unlawful detainer stays of execution under CCP §918 can provide temporary relief for homeowners facing eviction due to hardship. However, the key to success is preparation: know the law, act swiftly, and present a compelling case. While it’s not a permanent solution, this legal tool can offer crucial time to regroup and plan your next steps. Remember, you don’t have to face this alone—reach out to legal professionals and community resources for support. Hopefully readers of our blog will not wait until they receive a judgement against them as we often can prevent situations like this becoming a reality but if you find yourself in this situation we hope this information helps.

Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action.

Call our office today at 844.583.5339 to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action.

FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.

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Tags: foreclosure defense
Posted in Eviction, foreclosure defenses |