Writ of Possession in California Eviction Proceedings

 

What happens when you, as landlord, file an eviction, win the case for possession of the property, but the tenant fails to move?  You must enforce your judgment by what is known as a “Writ of Possession.”

The Writ of Possession from the court is used by the sheriff or marshal to remove the tenant from the property.  Once the landlord receives the Writ of Possession from the court and submits it to law enforcement personnel, the law enforcement personnel will process the Writ of Possession and then serve notice of the Writ of Possession on the tenant.  If the tenant fails to move within 5 days after notice is given, the officer must remove the tenants from the property and restore possession to the landlord.  In actual practice, however, the time period will probably take more than 5 days due to backlogs and  processing times.  In my experience as an evictions attorney, the time from receiving the Writ of Possession to the actual lockout date is about 2-3 weeks.

Oftentimes, the court judgment will delay the actual lockout for a period of time in what is known as “no lock-out date prior to ______.”  If this happens, then the sheriff will not perform the lockout on the Writ of Possession until after that time period expires.

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

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