Enforcing the Unlawful Detainer Judgment Using a Writ of Possession

 

When the landlord wins the unlawful detainer case and receives a judgment for possession of the property, it doesn’t mean the tenant will automatically “disappear” from the property, and it doesn’t even mean the tenant will leave willingly. After receiving a judgment for possession of the property, the landlord has to enforce the judgment by applying for a Writ of Possession from the court and then submitting the Writ of Possession to the sheriff.

After receiving a judgment for possession of the property, the landlord, or his attorney, will apply for a Writ of Possession with the court. Once that Writ of Possession is issued, the Writ of Possession must be properly served on the tenant. It is a best practice to have the proper sheriff agency serve the Writ of Possession on the tenant. After the Writ of Possession is served on the tenant, the sheriff will schedule a lockout date.

The landlord, or his agent, will meet the sheriff at the scheduled time. This is the day when legal possession of the property returns to the landlord. The landlord will want to immediately change the locks after the sheriff leaves.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

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