A tenant can delay a scheduled lock-out by requesting the court to temporarily delay the process. This is called a “stay of execution” and is often used by clever tenants to further delay the process. The tenant must file the stay as soon as they receive the Sheriff’s notice giving the 5 days to leave the property. If the judge grants the stay, the eviction will be delayed. During this time, the tenant will have to continue to pay rent if the tenant remains having control over the property during the period of the stay.
Can a lock-out by a tenant be delayed?
About the Author: Sandy McCarthy
Sandra M. McCarthy, founder of A People’s Choice, has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. Sandy is dedicated to the expansion of affordable, low-cost, self-help document preparation.