10.1 Disaster Executive Orders

A Governor’s Executive Order may suspend all deadlines in the Civil Code and Code of Civil Procedure. Thus, an Executive Order applies to the deadlines in eviction suits and delays the running of the time periods for notices to vacate and rules for possession.

The delays required by a hypothetical Executive Order that orders a 15-day suspension ending on Friday, September 12, are illustrated by the following examples:

Example 1: Rent due on September 1. Landlord files 5-day notice to vacate on September 2. The Executive Order suspends the running of the notice to vacate through Sunday, September 14. The 5 days would run from Monday, September 15 to Friday, September 19. The first day that a landlord could file the rule for possession would be Monday, September 22.

Example 2: Rent due on September 1. Tenant waived notice to vacate in writing. Landlord files and serves rule for possession on September 2. A rule can’t be heard until the third day after service. This 3-day period can’t begin running until Monday, September 15. Thus, Wednesday, September 17 would be the first day the rule for possession could be heard.