What Happens After An Eviction Judgement In California.After an eviction judgment is issued in California, the process may proceed as follows:
What Happens After An Eviction Judgement In California.
- Writ of Possession: Once the landlord obtains a judgment in their favor, they can request a “Writ of Possession” from the court. This writ gives the landlord the legal right to regain possession of the property.
- Notice to Vacate: The landlord must provide the tenant with a Notice to Vacate the property. In California, the notice period is usually three days for most types of evictions, though there are exceptions for certain situations.
- Sheriff’s Lockout: If the tenant does not voluntarily vacate the property during the notice period, the landlord can request the sheriff to perform a lockout. The sheriff will then schedule a date to supervise the physical removal of the tenant and their belongings from the property.
- Tenant’s Personal Property: In some cases, the tenant may leave personal property behind. In California, the landlord must store the tenant’s belongings in a safe location. The tenant has the right to retrieve their belongings within a specific period, usually 15 days. If the tenant fails to claim their property, the landlord can dispose of it following proper procedures.
- Eviction on Tenant’s Record: An eviction judgment will typically go on the tenant’s record, which may make it challenging for them to find rental housing in the future.
- Deficiency Judgment: If the tenant owes unpaid rent or damages that exceed the security deposit, the landlord may pursue a “deficiency judgment” to recover the remaining amount.
It’s crucial to note that the eviction process can vary depending on the specific circumstances of the case and the type of eviction. Furthermore, tenant rights and eviction laws can change, so it’s essential to consult with a legal professional or local tenant rights organizations to ensure accurate and up-to-date information.
