The court may relieve a tenant against a forfeiture of a lease or rental agreement, whether written or oral, and whether or not the tenancy has terminated, and restore him or her to his or her former estate or tenancy, in case of hardship, as provided in Section 1174. The court has the discretion to relieve any person against forfeiture on its own motion. An application for relief against forfeiture may be made at any time prior to restoration of the premises to the landlord. The application may be made by a tenant or subtenant, or a mortgagee of the term, or any person interested in the continuance of the term. It must be made upon petition, setting forth the facts upon which the relief is sought, and be verified by the applicant. Notice of the application, with a copy of the petition, must be served at least five days prior to the hearing on the plaintiff in the judgment, who may appear and contest the application. Alternatively, a person appearing without an attorney may make the application orally, if the plaintiff either is present and has an opportunity to contest the application, or has been given ex parte notice of the hearing and the purpose of the oral application. In no case shall the application or motion be granted except on condition that full payment of rent due, or full performance of conditions or covenants stipulated, so far as the same is practicable, be made.
§ 1179.Relief Against Forfeiture In Case of Hardship
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 2003 · Last verified July 29, 2026
In one sentenceSection 1179 lets a court, on its own motion or a verified petition from the tenant, subtenant, mortgagee of the term, or another interested party, relieve a tenant from forfeiture of a lease in cases of hardship and restore the tenancy, provided the applicant pays all rent due and fully performs the lease obligations so far as practicable.
Full Text of § 1179
Plain-English Summary
Even after a forfeiture judgment, this section keeps a safety valve open. The court can relieve a tenant from forfeiture of a written or oral lease or rental agreement, whether or not the tenancy has already ended, and restore the former tenancy in a case of hardship — the same hardship concept § 1174 uses. The court can act on its own motion at any time, without anyone asking.
An application for this relief can come from the tenant, a subtenant, a mortgagee of the term, or anyone else interested in keeping the tenancy alive, but it has to be made before the premises are restored to the landlord — once that happens, the window closes. The request is normally made by verified petition setting out the facts supporting the hardship claim, with notice and a copy of the petition served on the landlord at least five days before the hearing, giving the landlord a chance to contest it. A self-represented applicant can instead ask orally, as long as the landlord is present with a chance to contest, or has been given ex parte notice of the hearing and its purpose.
Whichever way the request is made, the court can't grant it without conditions. Relief is available only if the applicant pays the full rent due, or fully performs the lease's conditions and covenants, so far as that's practicable.
Frequently Asked Questions
What is "relief from forfeiture" in a California eviction case?
A court's power to relieve a tenant from the forfeiture of a lease or rental agreement in a case of hardship and restore the tenancy, even after judgment.
Who can ask the court for relief from forfeiture?
The tenant, a subtenant, a mortgagee of the term, or anyone else interested in the tenancy's continuance — and the court can also act on its own motion.
Is there a deadline to ask for relief from forfeiture?
The application has to be made before the premises are restored to the landlord; once that happens, this remedy is no longer available.
What do I have to do to get relief from forfeiture granted?
Pay the full rent due, or fully perform the lease's conditions and covenants so far as practicable — the court can't grant relief without that condition.
Can the court grant relief from forfeiture without anyone asking for it?
Yes, § 1179 gives the court discretion to relieve a tenant against forfeiture on its own motion.
Amendment History
Amended by Stats 2002 ch 301 (SB 1403),s 4, eff. 1/1/2003.
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: relief from forfeiture eviction californiaset aside eviction judgment hardship californiastop eviction after judgment california