The Lockout

Writ of Execution

The Sheriff has the power and duty to enforce court judgments.  In unlawful detainer cases, this is done by a writ of execution for possession of the premises, which is a five day notice to vacate.  The writ of execution is issued by the court clerk as soon as the judgment is entered and then delivered to the Sheriff for enforcement.

If the tenants fail to vacate, the Sheriff will physically move them out.  The Sheriff's office will contact you to make arrangements to meet at the premises to give you legal possession so you can change the locks.  The Deputy Sheriff will give you a receipt for possession of the premises.  Once this happens, the premises are yours and the tenant has no further right to occupy it.

Claims of Right to Possession

If you did not serve a pre-judgment claim of right to possession as discussed in Obtaining a Judgment any adult occupant to the premises, who was not named in the unlawful detainer judgment and who claims that he or she has been residing in the property before the commencement of the unlawful detainer, can file a claim of right to possession.  If that happens, the lockout will be put on hold - even as to the named defendants - pending a hearing on the validity of the third party claim.  The filing of a third party claim will delay the unlawful detainer process about seven to ten days.  If the claimant loses at the third party hearing - and they usually do - the Sheriff will return the property and this time move everybody out.  No further third party claims can be filed.

As stated above, this delay can be avoided by serving a pre-judgment claim of right to possession.  Serving a pre-judgment claim form at the beginning of the unlawful detainer case puts everyone on notice to file their claim immediately or they will be unable to do so later.  On the other hand, serving a prejudgment claim form means that you will lose ten more days at the beginning of the case - an additional loss of time if you have served the other named defendants personally with summons and complaint.

After you have been restored to possession by the Sheriff, you are then able to make the premises rent-ready.
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