Q: How can I get an extension on an unlawful detainer? How long in advance to the hearing should I file?
A:
To request an extension (also called a continuance) for your unlawful detainer hearing in California, you'll need to file Form UD-115 with the court. This form should be filed as soon as possible, ideally at least 5 days before your scheduled hearing date.
When filing, you must explain your valid reasons for needing more time - such as gathering evidence, finding legal representation, or dealing with medical emergencies. The judge will consider whether granting the extension would cause undue hardship to your landlord. Keep in mind that simply wanting more time to move out typically isn't considered sufficient reason.
If possible, get your landlord to agree to the extension and have them sign the form - this significantly increases your chances of approval. Remember to bring copies of your filed Form UD-115 to your current hearing date in case the judge hasn't reviewed it yet. The court may grant extensions of up to 10 days, though longer periods are possible in exceptional circumstances.
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.