Can I Get a Hardship Exemption to an Eviction in California?

Full question:

I live in a mobile home park is San Diego. My wife was diagnosed with cancer in April,as a result she decided to leave our home that we own together to live at her parents house.Leaving me with the space rent and mortgage to pay. I am currently 4 or 5 months behind both payments.I am disabled and can only work 20 hours per week. The mortgage co. has not put our loan on default status at this time. I receive certified letters from park management that are titled 'Combined 3 day notice to pay rent or quit,3 day notice to perform covenants or quit, and 60 day notice to terminate possession'. Is there any law that would qualify me as someone who would qualify as a hardship situation. Is there any law or protection to give me time to get back on my feet again?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: California

Answer:

Under the American Recovery and Reinvestment Act of 2009 , there are tenant protections for units acquired with Neighborhood Stabilization Program (NSP). There are no general hardship exemptions from eviction. A servicemember may be entitled to a stay (delay)of an eviction action for 90 days. This rule applies to the servicemember and his or her dependents (such as a spouse or child) in a residential rental unit with rent of $2,400 per month or less. The servicemember's ability to pay rent must be materially affected by military service. The judge may order the stay on his or her own motion or upon request by the servicemember or a representative. The judge can adjust the length and terms of the delay as equity (fairness) requires.

Please see the following information:

http://www.courtinfo.ca.gov/selfhelp/other/documents/mobilehome_residency_law.pdf
http://www.calegaladvocates.org/library/attachment.148203
http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If guests refuse to leave, you can ask them to vacate the premises. If they do not comply, you may need to start the eviction process. This typically involves serving them with a formal notice to quit, followed by filing for eviction in court if they remain. It's important to follow local laws regarding eviction procedures to avoid legal issues.