Bartley Babcock | 21 Nov 2024
Facing eviction can be an overwhelming and stressful experience, especially when financial hardship or other challenges make relocation difficult. For tenants in California, filing for a hardship stay of eviction may offer temporary relief by delaying the process and providing time to resolve pressing issues. This post explains a hardship stay, how to file for one, and the factors courts consider when granting these requests.
What Is a Hardship Stay of Eviction?
A hardship stay of eviction is a temporary delay granted by the court to give tenants more time before they are required to leave their rental property. This legal remedy is designed to protect tenants who are experiencing:
- Financial hardship—loss of income, inability to afford relocation costs, or other economic challenges;
- Personal challenges—health issues, family emergencies, or caregiving responsibilities; or
- Limited housing options—difficulty finding alternative housing due to market conditions or specific needs, such as proximity to work or school.
Eviction stays are not permanent solutions, but they can provide tenants valuable time to make necessary arrangements. Courts typically grant these stays for a short period, such as 30 to 60 days, depending on the circumstances.
Facing Eviction in California?
A hardship stay could delay eviction and provide time to resolve your issues.
If you’re dealing with financial difficulties, health concerns, or limited housing options, a hardship stay might help. Our legal team can guide you through the process to get the relief you need.
When Should You File for a Hardship Stay?
Tenants should consider filing for a hardship stay after receiving an eviction judgment but before the landlord enforces a writ of possession. Common scenarios include:
- Unexpected financial crisis. A sudden loss of income or emergency expenses leaves you unable to relocate, which can qualify as an unexpected financial crisis.
- Eviction following a court ruling. If you have lost an eviction case, a hardship stay can give you extra time to move out without being forcibly removed.
- Medical or family emergencies. Health issues or caregiving responsibilities make moving within the required timeframe impossible.
Quick action is critical, as landlords can begin the lockout process shortly after obtaining a writ of possession.
How Do You File for a Hardship Stay of Eviction in California?
If you’re facing eviction and need more time to relocate, filing a hardship stay can provide temporary relief. Here’s a step-by-step guide to help you through the process.
1. Understand Your Local Eviction Laws
Eviction laws in California vary by county and city, particularly in areas with rent control or tenant protections. Research the specific rules in your jurisdiction, including deadlines for filing a hardship stay and the forms required. Missing these deadlines can jeopardize your case, so act quickly.
2. Communicate with Your Landlord
Before filing a motion, try reaching out to your landlord. Share your financial situation openly and explore potential solutions, such as a payment plan or temporary rent reduction. If you can reach an agreement, you might avoid the eviction process entirely. Keep records of all communications which may support your case if you proceed to court.
3. Collect Supporting Evidence
Clear evidence of financial and personal difficulties can support a strong hardship stay request. Gather documentation that illustrates your situation, such as:
- Proof of financial hardship—pay stubs showing reduced income, termination letters, or unemployment benefits;
- Medical records—documents showing ongoing health issues or medical emergencies;
- Bank statements—evidence of depleted savings or unexpected financial obligations; and
- Rental assistance applications—proof of attempts to secure financial aid or housing support.
This evidence demonstrates your need for additional time to stabilize your situation.
4. File a Motion for a Hardship Stay
To officially request a hardship stay, you must file the appropriate forms with the court handling your eviction case:
- Completing a Motion to Stay Eviction form and, if required, an Affidavit of Hardship;
- Submitting the motion and all supporting documents to the court clerk; and
- Paying the filing fee or requesting a waiver if you cannot afford it.
The court clerk can guide you on local procedures, but consider consulting an attorney to ensure you complete everything correctly.
5. Attend the Court Hearing
Once you file your motion, the court will schedule a hearing to review your request. It is your opportunity to explain your situation and advocate for more time to vacate. Prepare for the hearing by:
- Organizing your documentation and highlighting key points,
- Practicing your testimony to convey your financial and personal challenges clearly; and
- Addressing questions from the judge or your landlord’s attorney calmly and confidently.
Your goal is to show the court that your need for a hardship stay is genuine and reasonable.
6. Follow the Court’s Orders
If your motion is approved, the court will grant a hardship stay and outline any conditions you must meet. These may include:
- Making partial rent payments during the stay period,
- Updating the court or landlord on your progress in finding new housing, or
- Vacating the property by the deadline specified in the stay.
If your request is denied, you must comply with the original eviction order and focus on securing alternative housing quickly. Resources like housing agencies or legal aid organizations can provide additional support.
How Long Does a Hardship Stay Last?
The duration of a hardship stay varies based on the tenant’s situation and the court’s decision. Common timeframes include:
- Short-term stays. These stays are typically 30 to 60 days, giving tenants time to secure housing or resolve financial issues.
- Extended stays. In rare cases, stays may be granted for longer periods if extenuating circumstances exist.
Hardship stays are temporary, and tenants should use this time wisely to arrange their next steps.
Take Control of Your Eviction Case
You don’t have to face eviction alone. Let us help you navigate the process.
The Law Office of Bartley Babcock has helped countless tenants secure hardship stays of eviction. Let us handle the legal details while you focus on your future.
Take Control of Your Eviction Case with the Law Office of Bartley Babcock
Facing eviction while dealing with financial hardship or other challenges can feel overwhelming, but you don’t have to face it alone. At the Law Office of Bartley Babcock, we understand the stress and uncertainty tenants experience during these difficult times. That’s why we’re dedicated to protecting your rights and providing the guidance you need to navigate the legal system.
With over a decade of experience and a proven track record in tenants’ rights cases, Bartley Babcock has successfully helped California tenants secure a hardship stay of eviction and find a path to stability. From crafting compelling motions to representing you in court, we’ll shoulder the legal burden so you can focus on rebuilding your future.
Please don’t wait until it’s too late. Contact the Law Office of Bartley Babcock today for a consultation, and let us help you fight for the time and support you need to move forward confidently.