What happens if the plaintiff prevails in an unlawful detainer action? How long does the tenant have to vacate? These are key questions that anybody involved in an unlawful detainer should consider. In general, after the landlord obtains a judgment against a tenant, the landlord must then apply to the court for a writ of possession. A writ of possession is a court document that orders possession to be given to the landlord.
The landlord must then take the writ of possession to the appropriate County Sheriff’s department. The sheriff’s department then coordinates with the landlord on dates and times the landlord is available to change the locks. Depending on how backed up the sheriff’s department is, the sheriff’s department will eventually served the 5 day notice to vacate. At the end of the five day period the sheriff along with the landlord will then lock out the tenant.
Why is this important to know? It is important because both the landlord and the tenant need to know what will happen if the landlord prevails at trial. And, this can help a tenant or a landlord to negotiate. By knowing the applicable time frame both the landlord and tenant can try to negotiate a settlement on their own terms and on their own time frame.
For help with you unlawful detainer action, contact the real estate attorneys at Schorr Law, APC, firstname.lastname@example.org, 310-954-1877. Or, to learn the ins and outs of the unlawful detainer process, download our eBook today.