The subject of this article is the subject of Article 1179 of the Civil Procedure Act for relief of forfeiture of lease in California. This lawsuit is made under the provisions of Article 1179 of the Code of Civil Procedure for reasons of suffering and can be used to obtain relief against forfeiture of written or oral lease contracts.
Article 1179 of the Code of Civil Procedure states: "The court consulted tenants whether confiscation of written or oral lease agreements and termination of lease, Egypt, as prescribed in Article 1174, Previous real estate or tenant
A party who raised a petition for relief under lease or lease under Article 1179 should include a declaration with detailed facts supporting the assertion of suffering and an assertion that the violation is not intentional or malicious . Tenants who have failed to pay the rent due to lost work, but have all the rent and money to pay all other damages and expenses, due to relief from forfeiture, That they are paying their rents all the time before they lose their jobs, and that they are now employed again and planning to pay the rent on time from now.
Notified allegations for relief from lease contracts or the forfeiture of rental agreements are executed and not submitted at least five days prior to the hearing despite the possibility of being orally done in certain circumstances There is no doubt.
The California Court of Appeal decided that the court has broad and equitable discretion to refrain from less forfeiture and return it to the original tenant in case of suffering. The law absolutely dislikes forfeiture. The court shall interfere with the full payment of the rent or the legal conditions such as full implementation of the terms and provisions of the lease contract.
If the lessor is able to put it in the same position as if there was no bread, there is a high possibility that relief from revocation will be accepted. The main reason for this is that the penalty for forfeiture is basically designed to ensure a certain amount of payment. If that amount is paid with interest, the true purpose of confiscation is fulfilled.
The court also takes into account all the relevant circumstances, such as whether the tenant's bread was deliberate or malicious, whether the landlord did good and bad acts by exercising fair authority and balancing the stock can do.
Use the following link to view the full text of the code section quoted in this article or other California code section.
http://legenfo.legislature.ca.gov/faces/codes.xhtml
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