Eviction Judgment Services
After Trial and Before The Tenant is Kicked Out, a Judgment Must Be Perfected. Our Eviction Judgment Service is a Full Service Option!
(10) Writ Of Execution And Sheriff’s Instructions.
(11) Court & Sheriff Runner – San Day
After the court’s decision
If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay the tenant’s court costs (for example, filing fees) and the tenant’s attorney’s fees. However, the tenant will have to pay any rent that the court orders.
If the landlord wins, the tenant will have to move. In addition, the court may order the tenantto pay the landlord’s court costs and attorney’s fees, and any proven damages, such as overdue rent or the cost of repairs if the tenant damaged the premises.
It is possible, but rare, for a losing tenant to convince the court to allow the tenant to remain in the rental unit. This is called relief from forfeiture of the tenancy. The tenant must convince the court of two things in order to obtain relief from forfeiture: that the evictionwould cause the tenant severe hardship, and that the tenant is able to pay all of the rent that is due or that the tenant will fully comply with the lease or rental agreement.320
A tenant can obtain relief from forfeiture of a lease or a rental agreement, even if the tenancy has terminated (ended), so long as possession of the unit has not been turned over to the landlord. A tenant seeking relief from forfeiture (or the tenant’s attorney) must apply for relief at any time prior to restoration of the premises to the landlord, but such a petition should be made as soon as possible after the court issues its judgment in the unlawful detainer lawsuit.321
A tenant who loses an unlawful detainer lawsuit may appeal the judgment if the tenantbelieves that the judge mistakenly decided a legal issue in the case. However, the tenant will have to move before the appeal is heard, unless the tenant obtains a stay of enforcement of the judgment or relief from forfeiture (described immediately above). The court will not grant thetenant’s request for a stay of enforcement unless the court finds that the tenant or the tenant’s family will suffer extreme hardship, and that the landlord will not suffer irreparable harm. If the court grants the request for a stay of enforcement, it will order the tenant to make rent payments to the court in the amount ordered by the court and may impose additional conditions.322
A landlord who loses an unlawful detainer lawsuit also may appeal the judgment.
Writ of possession
If a judgment is entered against you and becomes final (for example, if you do not appeal or if you lose on appeal), and you do not move out, the court will issue a writ of possession to the landlord.323 The landlord can deliver this legal document to the sheriff, who will then forciblyevict you from the rental unit if you don’t leave promptly.
Before eviction, the sheriff will serve a copy of the writ of possession.324The writ of possession instructs that the renter must move out by the end of the fifth day after the writ is served on, and that if they do not move out, the sheriff will remove them from the rental unit and place the landlord in possession of it.325 The cost of serving the writ of possession will be added to the other costs of the suit that the landlord will collect.
After served with the writ of possession, tenants have five days to move. If they have not moved by the end of the fifth day, the sheriff will return and physically remove them.326 If belongings are still in the rental unit, the sheriff may either remove them or have them stored by the landlord, who can charge reasonable storage fees. If the tenant does not reclaim these belongings within 18 days, the landlord can mail a notice to pick them up, and then can either sell them at auction or keep them (if their value is less than $300).327 If the sheriff forciblyevicts the renter, the sheriff’s cost will also be added to the judgment, which the landlord can collect from the renter.