California Eviction Sheriff Lockout Stage – an Overview

Updated 04/19/24

In California, an eviction process can culminate in a sheriff’s lockout, which is a critical and final step in the eviction process. Here’s an overview of how the eviction process leads to a sheriff’s lockout and what it involves.

This step comes after you have won at trial and the judge has granted possession back to you. Remember, this step is only necessary if the tenant STILL hasn’t moved out even after they have had their day in court.

Quick Eviction Process Overview

Before we get into the sheriff lockout stage overview, let’s quickly go over the steps needed to get here.

Notice to Vacate: The eviction process begins with the landlord serving the tenant with a notice to vacate. The type of notice and the time given for the tenant to move out depend on the reason for eviction.

Filing an Unlawful Detainer Lawsuit: If the tenant does not vacate the property within the notice period, the landlord can file an unlawful detainer lawsuit in court.

Court Hearing and Judgment: Both the landlord and tenant have the opportunity to present their case in court. If the court rules in favor of the landlord, it will issue a judgment for possession of the property.

Writ of Possession: If the tenant still does not vacate the property after the judgment, the landlord can request a writ of possession from the court. The writ authorizes the sheriff to remove the tenant and their belongings from the property.

Tenant’s Rights:
Rights to Contest: Tenants may contest the eviction in court or seek legal aid. In some cases, evictions can be halted due to procedural issues or other reasons.
Right to Appeal: Tenants have the right to appeal the court’s decision if they believe it was made in error.
Eviction Moratoriums: California has seen various eviction moratoriums in response to the COVID-19 pandemic. These may impact the eviction process and delay or prevent lockouts.

Tenant’s Rights

Rights to Contest: Tenants may contest the eviction in court or seek legal aid. In some cases, evictions can be halted due to procedural issues or other reasons.

Right to Appeal: Tenants have the right to appeal the court’s decision if they believe it was made in error.

Eviction Moratoriums: California has seen various eviction moratoriums in response to the COVID-19 pandemic. These may impact the eviction process and delay or prevent lockouts.

Sheriff’s Lockout Stage Overview

After the court grants you the writ of possession, you must take it to the sheriff’s office and fill out other forms that lets the sheriff know of any danger they might find at the property such as guns, gang activity, dogs or anything else that would make the lockout difficult or dangerous for the officers. Here is a list of the overview:

Schedule: Once the writ of possession is issued, the sheriff’s department will schedule a lockout.

The sheriff then posts a 5 day notice on the property to give the tenant one last shot of moving out on their own.

Execution: The sheriff will go to the property to execute the lockout. They will change the locks and physically remove the tenant if necessary.

Notification: The tenant will typically receive advance notice of the lockout date and time, so they have an opportunity to move out and take their belongings.

Belongings: The tenant’s belongings may be left in the property, depending on local laws. In some cases, the landlord may need to store the tenant’s belongings for a period of time.

The sheriff will typically give you a small time frame for when they will show up to the property to perform the lockout such as 9 to 11 am. Here are some tips you should consider on the day the California eviction sheriff lockout is performed.

• Meet the sheriff on time! They request you be there 30 minutes in advance of the scheduled appointed time. We suggest you clear your schedule to make sure everything goes according to plan and you get your property back.
• Take a locksmith with you in case the tenant has changed the locks. If this is the case, the locksmith can properly open the door and let the sheriff in. The sheriff will not break in or let you break into the property.
• Sheriff typically enters the rental property and secures the perimeter, making sure there is nobody hiding. Step back and let the sheriffs do their job at a safe distance.
• Sheriff will escort anyone on the property out and let you know when it’s safe to enter your property.
• If the tenant leaves personal belongings behind, you can check out our video “What to do if tenant leaves personal property behind after eviction in California” for full details on what to do next!

Have additional questions? You can let us know in the comments or call for a free consultation. Thanks for watching, please subscribe and share!