Writ of Possession - Real Property (Eviction)
|Court Document Required||Writ of Possession (Real Property) (EJ-130) plus four copies of the writ for the first debtor and one copy for each additional debtor|
|Purpose of Process||Evict occupants and place creditor in peaceful possession of real property|
|Sheriff's Instructions||Provide address of property from which occupants are to be evicted; provide name and telephone number of the person who will meet the Sheriff to take possession of the property. The creditor’s attorney or the creditor (if the creditor doesn’t have an attorney) must sign and date the instructions. Writ of Possession - Real Property (Eviction) (PDF)|
|Time for Service||The Sheriff will serve a 5-Day Notice to Vacate within three business days after receipt of the writ. The eviction occurs as soon as possible after the expiration of the 5-day notice. The writ of execution (possession of real property) expires 180 days after its issuance date.|
|Manner of Service||The 5-day notice to vacate may be served by personal service on an occupant or by posting a copy at the address and mailing a copy to the debtor tenant(s). After the expiration of the 5-day notice, uniformed deputies will remove anyone who remains on the premises. Any property of the tenant left on the premises will be turned over to the landlord for storage.|
|Fee||$85.00 for service of the Notice to Vacate plus $60.00 to remove occupants and put a person in possession; $40.00 for a Not Found or cancellation prior to service of the 5-day notice to vacate; $40.00 to serve (repost) another 5-day notice following a cancellation|
|Proof of Service||After the eviction is completed, the Sheriff will provide the landlord with a receipt for possession and send the writ together the Sheriff’s return to the issuing court. A proof of service is not issued. Instead, a return detailing the Sheriff’s action is prepared that accompanies the writ when it is returned to the court.|
After the creditor landlord obtains a judgment in an unlawful detainer action, the court may issue a Writ of Possession (real property) that 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 obtain an order (lift order) from the bankruptcy court.
Please arrange for a locksmith to be present at the eviction. Tenants often change the locks. Deputies will not pick locks, kick in doors, or break windows to gain entrance to the property. It is important to have the Sheriff complete the eviction process, post the premises with eviction restoration notice and give you your copy of the notice.
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.
- 145.00 fee deposit
- Original Writ of Possession (Real Property) plus four copies for the first debtor and one copy for each additional debtor
- Submit to the Sheriff no later than 150 days after the issuance date of the Writ of Possession
- Sheriff's Instructions - Writ of Possession - Real Property (Eviction)