(a) An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered. Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance. If the stay is denied by the trial court, the defendant may forthwith file a petition for an extraordinary writ with the appropriate appeals court. If the trial or appellate court stays enforcement of the judgment, the court may condition the stay on whatever conditions the court deems just, but in any case it shall order the payment of the reasonable monthly rental value to the court monthly in advance as rent would otherwise become due as a condition of issuing the stay of enforcement. As used in this subdivision, "reasonable rental value" means the contract rent unless the rental value has been modified by the trial court in which case that modified rental value shall be used.
§ 1176.Stay of Judgment Pending Appeal
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 1985 · Last verified July 29, 2026
In one sentenceSection 1176 says an appeal doesn't automatically stop enforcement of an eviction judgment, but the trial judge (or, on denial, the appellate court by extraordinary writ) may grant a stay on a showing of extreme hardship to the tenant that won't irreparably injure the landlord, conditioned on paying the reasonable monthly rental value into court.
Full Text of § 1176
(b) A new cause of action on the same agreement for the rental of real property shall not be barred because of an appeal by any party.
Plain-English Summary
Filing an appeal doesn't buy automatic breathing room. Subdivision (a) makes clear that an appeal by the defendant doesn't stay enforcement of the judgment by itself. A tenant who wants more time has to petition the judge who issued the judgment for a stay, and the court can grant it only on finding that the moving party would suffer extreme hardship without a stay and that the other side wouldn't be irreparably injured by granting one.
If the trial court says no, the defendant isn't out of options — the next step is a petition for an extraordinary writ with the appropriate appellate court. Whichever court grants the stay, trial or appellate, it can attach whatever conditions it thinks are fair, but it must require the tenant to pay the reasonable monthly rental value into court in advance each month as a condition of the stay. That value defaults to the contract rent unless the trial court has already modified it.
Subdivision (b) closes a separate gap: an appeal by any party doesn't bar the landlord from bringing a new lawsuit on the same rental agreement while the appeal is pending.
Frequently Asked Questions
Does filing an appeal automatically stop my eviction in California?
No. Section 1176 says an appeal by the defendant doesn't automatically stay enforcement of the judgment.
Can I get more time before being evicted after losing my case and appealing?
You can petition the trial judge for a stay, and if that's denied, petition the appellate court for an extraordinary writ. A stay requires showing extreme hardship to you that won't irreparably injure the landlord.
What do I have to show to get a stay of the eviction judgment?
That you'd suffer extreme hardship without the stay, and that the landlord wouldn't be irreparably injured by granting one.
Do I still have to pay rent while my appeal and stay are pending?
Yes. Any stay must be conditioned on paying the reasonable monthly rental value into court in advance each month, generally equal to the contract rent unless the trial court modified it.
Amendment History
Amended by Stats. 1985, Ch. 1279, Sec. 3.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: stay of eviction pending appeal californiaeviction appeal californiaextreme hardship stay eviction california