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Hi everybody its Andy and welcome again to my office in Los Altos California I'man attorney licensed to practice law in California as well as New York in this video IN×39’m going to go over something called a stay of eviction as used in California landlord tenant cases so you×39’ve watched any of my othelandlord tenants videos you know that I usually give a disclaimer at the very beginning talking about how this is residential only not commercial if you live in houseboat this doesn't×39’t apply to you if you have section eight this doesn't×39;apply to you etc, etc so thankfully though for this video about state of evictions I don't have to give disclaimer like that because the statute×39’m going to talk about is generilikestit applies in way more tenant cases it applies in other civil cases etc so stay of eviction if you×39’re not familiar with the term basically addresses situation like this imagine for a moment that a landlord and a tenant they go to you know eviction court and after evidence is presented witnesses testify basically after a trial happens the tenant loses so in other words the tenant has to move out now in California there are a bunch of steps between trial and before the sheriff comes to remove attendant there are a bunch of steps that have to happen in there but in generallike a rule of a good rule of thumb is that if stuff is done in a timely manner the tenant usually has about a week from the time of trial to the time that they have to be out but if you×39’reattended for example in a situation like hamlet×39’s say that you are older or you onlylike you know you have a lot of children or something like basically there'something that makes it impossible for you to move out in just a week what are you as the tenants supposed to do you stay and fight the sheriff do you know move into a shack down by the river etc what do you do now the stay of eviction is an option for a tenant in situation like that it basically workslike this, so the tenant can ask the judge and the burden is on the tenant task the judge could you please give me an extra you know 20 days 40days whatever to allow me to move out because I need more time to find a place×39’enlarged family because I'm older I can×39’t pack UPMC stuff as quickly you know I can×39’do tit within a week, but I can do it within thirty days forty days etc and if the judge is convinced the judge can order that your eviction be delayed by up to40 days now the good news or the badness I guess if your tenant is that the discretion by which a judge will decide to grant or deny a stay of eviction varies tremendously IN×39’ve been in front of judges here in Santa Clara County where they grant 40 days state of evictions automatically like you know along as you meet a very low thresholdyou'’ll get the full forty days benign in front of judges that are exactly the opposite where you complete the best case possible, and you might only get three days, or you might think in a week or something,...
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