Legal Question in Real Estate Law in California

can a landlord of a business have an ongoing open eviction order against business owner & enforce it with limited notice. (in California)

Edit | Delete


Asked on 8/05/13, 5:41 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If you get served with a writ of possession you need to follow the instructions in the writ of possession. Has a writ of possession been issued by the court? Have you been served with a writ of possession?

Read more
Answered on 8/05/13, 6:49 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

An "eviction order" would be, I presume, a "writ of possession" in proper legalese.

A writ of possession is obtained after a successful unlawful detainer action, where either the landlord has won at trial or by default because the tenant didn't answer the summons.

The usual time line for evictions after a trial or judgment by default is for the landlord to get a writ of possession in a day or two; then after a few more days the sheriff or marshal gives the tenant written notice that a forcible eviction will be done within five days unless the tenant vacates earlier. So, it wouldn't be surprising if an eviction were to occur about seven days after the UD trial.

Code of Civil Procedure section 715.050 says that a writ of possession issued following an unlawful detainer action shall be enforced without delay, notwithstanding any bankruptcy proceeding affecting the tenant. It isn't clear whether the purpose and effect of the law is (a) to give the sheriff or other levying officer a mandate to carry out the eviction promptly, or (b) to indicate the legislature's intent that a bankruptcy filing shouldn't slow up an eviction.

Please contact me directly if you have any additional facts to give me a better picture of your situation.

Read more
Answered on 8/05/13, 7:04 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California