What You Need to Know About Writ of Possession in California
A writ of possession can help California property owners enforce their unlawful detainers. Here’s everything you need to know about a writ of possession in California.
Unlawful detainers evict wrongful tenants from a landlord’s property. If a tenant refuses to leave a landlord’s property in California after receiving an unlawful detainer, the landlord may file a writ of possession to evict them. Local officers will remove a wrongful tenant for a landlord after filing a writ of possession.
Defining a Writ of Possession in California
California defines a writ of possession as a court order which assists a property owner with recovering their property. A writ of possession gives a sheriff or other county officer the power to lock out someone wrongfully staying on a property owner’s premises. Courts use a writ of possession to enforce unlawful detainer judgments in California.
If a wrongful tenant does not answer a property owner’s unlawful detainer complaint within five days, a California court will automatically grant the property owner a writ of possession.
Unlawful Detainers in California
In California, unlawful detainers are similar to evictions. Landlords or property owners can file an unlawful detainer when their tenant knowingly and willfully stays on their property wrongfully.
Related: How to File a Writ of Mandate
If a tenant fails to leave a property owner’s property after the owner files an unlawful detainer, courts can use a writ of possession to remove the tenant. If a tenant agrees to leave a landlord’s property, a court does not need to grant a writ of possession.
Evicting a Wrongful Tenant
Once a California court grants a writ of possession, it will schedule an eviction. Typically, a court in California will grant a writ of possession five days after granting an unlawful detainer.
In California, a court will notify a landlord of when they intend to evict the wrongful tenant. Courts will inform property owners of both the date and time of the eviction. A property owner will then sign the officer’s eviction instructions. Property owners should prepare to let an officer into their property and should change their locks immediately after the eviction.
Related: How to Write a Letter of Appeal for Wrongful Termination
At the time of the eviction, the county officer will remove the wrongful tenant from the landlord’s premises. After the eviction, the officer will give the landlord a receipt for possession. This receipt allows a landlord to request local police if the wrongful tenant re-enters the property.
FAQs About a Writ of Possession in California
Can a writ of possession expire in California?
In California, a writ of possession can expire 180 days after a court issues it. If a property owner would like to use a writ of possession in California, they must use it before it expires.
Can a tenant request a trial in response to a writ of possession in California?
All parties have the right to request a jury trial. If a tenant wishes to avoid a writ of possession in California, they should answer an unlawful detainer complaint within five days. If a court still grants a landlord a writ of possession, the tenant may request a trial through a Counter Request for Setting.
What does a writ of possession cost in California?
Property owners must pay a deposit to pursue a writ of possession in California. California courts typically collect $145 from landlords interested in a writ of possession.
Can a tenant retrieve their belongings after eviction in California?
Any tenant has the right to retrieve their belongings after an eviction in California. They must write a request to the landlord within 15 days of eviction to be let back into the landlord’s property. Once the evicted tenant and landlord agree on a date, the evicted tenant may re-enter the property to recover their possessions.
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