Legal Question in Landlord & Tenant Law in California

I was served with a notice of eviction on November 21st. I read on the back of the court judgment in the last paragraph it stated that the landlord could not take possession until 5 days from the date of notice. Today which is the 23rd I came home to changed locks & my landlord moving my things out to the garage. So i am confused did I have 5 extra days or are they within their right?


Asked on 11/24/09, 7:26 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I apologize for not responding in a more timely manner, however, our offices were closed over the holidays. Who changed the locks? If there was a notice from the Sheriff or Marshall's office on the door (not the original 5 day, but a final notice saying that you may not re-enter the premises) then the Sheriff conducted a lock-out, and there is very little likelihood that you will be able to do anything about it. That being said, I doubt that the Sheriff came earlier than five days after you were posted. As such, it is more likely that the landlord exercised a little "self-help." First, until the Sheriff came and locked you out, the landlord is not entitled to simply do it himself. Second, he cannot simply move your possessions unless he is moving them to a secure location (if the garage can be securely locked, then the garage is probably okay). You need to call the Sheriff or Marshall's office who issued you the five day notice, and see if they came and performed a lock-out. If not, get an attorney as you are going to have to go back into court to go after the landlord for wrongful eviction.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/30/09, 5:39 pm


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