The eviction process
Part IV – Sheriffs Lockout
PArt IV – Post Judgement Actions
Sheriff’s lockout
Once a Writ of Possession is issued by the Court, a “lockout” by the sheriff can begin. Landlords will need to provide the Sheriff a copy of the writ of possession, instruction, and pay the fee for the lockout. A sheriff will then post a notice on the premises notifying all the tenants living on the property that they will be forcibly removed on the date listed on the notice. At the date listed on the lockout notice, the landlord will need to be at the premises when the Sheriff arrives to change the lock with a locksmith.
- Writ of Possession of Real Property (form EJ-130)
- Instructions for Sheriff of Santa Clara County (form Writ of Possession for Real Property – Eviction)
- Storage Instructions
Abandoned Property
If any personal property is left abandoned on the property, it is the landlord’s responsibility to store it in a safe place and give notice to the ex-tenants. Abandoned property has its own laws to follow (see, “Abandoned Property“).
collections
Once the eviction process is complete, and the tenant has been removed from the premises, the landlord can sue to collect damages. The landlord can request judgement for back rent, court costs, attorney fees (if allowed), and other damages (i.e., late fees). However, it may be more prudent for a landlord to forgo collecting past due rent if the tenant is a “judgment-proof.” This means that the tenant has no means of paying past due rent and time, money, and resources may be wasted in trying to collect monetary damages.
- Request for Court Judgment (form CIV-100)
- Declaration for Default Judgment by Court (form UD-116)
- Writ of Execution (Money Judgment) (form EJ-130)