How long does it take after an eviction trial for a Sheriff lockout to occur?

Answer: Approximately 7 to 10 days. The process is as follows: After the court enters a judgment for possession of real property, the landlord may obtain a writ of possession from the court clerk by submitting a written request and paying $25. The writ of possession is then forwarded to the Sheriff along with Sheriff's instructions and a $145 fee. The Sheriff then posts a notice on the premises giving the occupants 5 days to vacate. If the occupants fail to vacate within the 5 day period, the Sheriff will conduct a lockout and place the landlord in peaceful possession of the premises. At the time of the lockout, the Sheriff will provide the landlord with a receipt for possession of the premises.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

In an eviction action for non-payment of rent, is the landlord required to prove that the tenant actually received the Three Day Notice To Pay Rent Or Quit?

Answer: No. It is enough that the landlord properly served a Three Day Notice To Pay Rent Or Quit in accordance with applicable law (i.e. by personal service, substitute service, or nail and mail). The landlord is not required to prove that the tenant actually received the notice. On the other hand, proof that the tenant actually received the notice cures any defect in service of the notice. These principles are also applicable to other types of notices that may be served by a landlord such as notices to perform covenant or quit, notices to quit, and notices of termination of tenancy.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

Does a landlord need to serve a Proof of Service along with a Three Day Notice to Pay Rent or Quit?

Answer: No. The landlord is not required to serve a Proof of Service along with a Three Day Notice to Pay Rent or Quit. However, after the notice is served, the person serving the notice should complete and sign a Proof of Service. If an eviction action becomes necessary, then the landlord can present the Proof of Service at the trial as a business record to establish the date and manner of service. Although technically not required, submitting a Proof of Service at trial is the standard practice and expected by the Court.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.