Evictions

EVICTIONS/WRIT OF POSSESSION OF REAL PROPERTY

 

Court Document required -The original Writ of Possession of Real Property plus three copies.

Purpose of Process-Evict occupants and place the plaintiff in peaceful possession of the property.

Sheriff's Instructions-Use the Eviction/Writ of Possession of Real Property instruction form. The plaintiff’s attorney or the plaintiff (if the plaintiff doesn't have an attorney) must sign and date the instructions.

Time for Service-The Sheriff will serve a 5-Day Notice to Vacate with the Writ of Possession of Real Property attached. The eviction usually occurs the following Tuesday or Thursday after the expiration of the 5-Day Notice.

Manner of Service-The 5-Day Notice to Vacate with the Writ of Possession of Real Property attached may be served by personal service on the tenant(s) or by posting a copy at the address and mailing a copy to the tenant(s). A uniformed deputy will meet with the owner, landlord, attorney, or agent at the scheduled eviction date and time and remove anyone who remains on the premises. Any property of the tenant left on the premises will be turned over to the owner, landlord, agent for storage.

Proof of Service-After the eviction is completed, the Sheriff will provide the person meeting with the deputy a receipt for possession of the property. A proof of service is not issued. Instead, a return detailing the Sheriff's action is prepared that accompanies the writ when it is returned to the court. A copy of this return is mailed to the plaintiff or the plaintiff's attorney.

Information Guide

After a judgment in an unlawful detainer action is granted, the plaintiff can have the court issue a Writ of Possession of Real Property that authorizes the Sheriff to evict the occupants from the property.

Issuance of a Writ of Possession of Real Property is the last step of the procedure that is required to evict someone. A brochure is available in the Civil Division that lists all the steps. This brochure is for information purposes only and not legal advice. Contact an attorney if you have a legal question.

The Sheriff will serve a 5-Day Notice to Vacate with the Writ of Possession of Real Property attached. The eviction is usually the following Tuesday or Thursday after the expiration of the 5-day period. Evictions are done on Tuesdays and Thursdays only. The owner, landlord, attorney or agent will be called on the Friday before the eviction with the eviction date and time. Someone must meet with our deputy to take possession of the property. If no one shows up to meet our deputy, the eviction will not be completed. The owner, landlord, attorney, or agent should immediately notify the Sheriff if the eviction is to be cancelled. Additional fees will be required to reschedule an eviction.

Please arrange for a locksmith to be present at the eviction. Tenants often change the locks. Deputies will not pick locks, kick in doors, or break windows to gain entrance to the property. It is important to have the Sheriff complete the eviction process, post the premises with the Eviction Restoration Notice, and give you your copy of the notice.


**The landlord is responsible for the safekeeping and disposition of any personal property of the tenant remaining on the premises after the eviction, in accordance with Code of Civil Procedure section 1174.

Always consult your attorney.  Attorneys and eviction companies are available, as are books at the library, that explain the procedure fully, provide sample forms, and advise landlords of recourse in the event of legal action of the part of the tenant(s)/defendant(s) such as a Claim to Right of Possession by a third party, a Bankruptcy Petition, etc., which can slow down the eviction process. Additional information can be obtained on the California Courts Online Self-Help website Click here to access the self-help website www.courtinfo.ca.gov/selfhelp.