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Appealing Eviction, I'm the tenant.

Buena Park, CA |

I lost, sheriff should be arriving anyday now with 5 day notice. I truly have a strong case but the Judge didn't care to listen. He'll just deny request for Stay. My question is, can be reinstated with apartment I'm being forced from if Appleate Court agrees the Judge did make a mistake? Trust this apartment will be vacant for over one month for the repairs that need to be done... The same repairs both me and City have as Landlord to repair. *uninhabitable, detoriated shower*

Attorney Answers 2


  1. Best answer

    Sadly, no. Winning on appeal will not likely lead to your ability to recover possession of the premises.

    This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter.


  2. Only the landlord can agree to reinstate the tenancy at this juncture, and only the landlord can instruct the sheriff to hold off on the lockout.

    Even if you ultimately win on appeal, you most likely won't be able to move back.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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