The subject of this article is a motion in section 1179 of the Code of Civil Procedure for the exemption of loss of lease in California. This motion is made pursuant to the provisions of section 1179 of the Code of Civil Procedure for hardship reasons and can be used to obtain redress against the loss of a lease or rental agreement, either in writing or orally.

Section 1179 of the Code of Civil Procedure states in pertinent part that, “The court may exempt a tenant against the loss of a lease or rental agreement, either written or oral, and whether the rental has ended. or not, and restore it to his or her old estate or lease, in case of difficulties, as provided in Section 1174. “

The party filing a motion to waive the loss of a lease or lease under section 1179 must include a statement with detailed facts supporting its claims of hardship and its claims that any breach was unintentional or in bad faith. Tenants who did not pay their rent due to the loss of their job, but now have the money to pay all the back rent and all other damages and costs included in any judgment, have a good case for relief from forfeiture, especially if they can show that they had always paid their rent on time before they lost their job and are now employed again and plan to pay their rent on time from now on.

A notified motion for exemption from the loss of a lease or rental agreement must be served and filed at least five (5) calendar days before the hearing, although in certain situations the motion can be made orally.

A California Court of Appeals has ruled that a court has broad and equitable discretion to release a tenant from forfeiture and restore them to their previous tenancy in hardship cases. The law absolutely abhors confiscations. The Court must impose legal conditions such as full payment of the rent owed or full compliance with all the conditions and covenants of the lease or rental agreement.

A waiver of forfeiture is more likely to be granted if the landlord can be placed in the same position as if the default had not occurred. The main reason for this is that the forfeiture penalty is essentially designed to guarantee payment of a specified sum of money. If that money is paid with interest, the true purpose of the forfeiture is served.

Courts can also exercise their equitable powers and balance actions by allowing them to take into account all relevant circumstances, such as whether the tenant’s default was intentional or in bad faith, whether the landlord acted in good or bad faith, etc.

To view the full text of any code section cited in this article or any other California code section, please use the link below.

http://leginfo.legislature.ca.gov/faces/codes.xhtml