Legal Question in Real Estate Law in California
If you are served with a writ of possession in a unlawful detainer judgment and the officers return after 5 days to enforce the writ and the landlord is not there to receive possession, what happens next? Can the tenant stay? and for how long?
2 Answers from Attorneys
At the end of the 5 day period the Sheriff should forcably remove you from the premises and "lock you out." Although the owner should be there to change the locks so you cannot reenter the premises, there really is no requirement that they be there during the lock out.
Being "in possession" is a legal term that is not 100% synonymous with being "currently physically present." When you go to the grocery store, or to work, you are still legally "in possession" of your residence. Indeed, I think there is an argument that obtaining a writ of possession gives the person named in the writ possession at the moment the court issues it, and the physical presence of the former tenant is not possession, it is a mere trespassory presence.
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