After the creditor landlord obtains a judgment in an unlawful
detainer action, the court may issue a Writ of Possession (real
property) which authorizes the Sheriff to remove (evict) the
occupants from the property.
The Sheriff will typically serve a 5-day Notice to Vacate within
three business days after receiving the writ. The eviction is
scheduled as soon as possible after the expiration of the 5-day
period. Usually the landlord is notified by mail of the eviction
date and time. Occasionally the landlord may be notified by
telephone. The landlord should immediately notify the Sheriff if the
landlord wants to cancel the eviction.
A person who is not listed as a debtor on the writ of execution
may file a Claim of Right to Possession. Upon receipt of the Claim
to Right of Possession, the Sheriff must stop the eviction and send
the Claim to the court that issued the writ. If the claimant posts a
filing fee with the court, a hearing will be set to determine the
validity of the claim. If the claimant does not post the filing fee
or if it is determined at the hearing that the claim is not valid,
the court will issue an order directing the Sheriff to proceed with
the eviction. However, the Sheriff will not accept a claim of right
to possession if the writ indicates that a prejudgment claim of
right to possession was served with the summons and complaint
pursuant to CCP 415.46. Also, the Sheriff will not accept another
claim of right to possession after the court issues an order to
evict all persons following a claim of right to possession hearing.
If the debtor tenant files bankruptcy after judgment for
possession was issued in the unlawful detainer lawsuit, the landlord
creditor may instruct the Sheriff in writing to proceed with the
eviction or wait until the landlord obtains an order (lift order)
from the bankruptcy court.
After the tenants have been removed from the premises, the
Sheriff will give the landlord a receipt for possession. If the
occupants re-enter the premises, the landlord may summon the local
police department and show the responding officers the receipt for
possession. Anyone who reenters the premises after being evicted is
subject to arrest for a misdemeanor violation of Penal Code section
419. The landlord is responsible for safekeeping any property of the
tenant remaining on the premises after the eviction for up to 15
days. The tenant’s property may be moved to storage and reasonable
storage costs assessed.