If you are being evicted with no place to go in California, you have a narrow set of moves: ask the court for more time, negotiate a paid move-out with your landlord, or line up emergency shelter through 211 and county assistance programs. The sheriff’s notice gives you five calendar days, and every option below has to happen inside or just outside that window.
The Five-Day Sheriff Clock
Once your landlord wins the unlawful detainer case, a deputy posts a Notice to Vacate on your door. You have five days from that posting to leave. Those are calendar days. Weekends and holidays count. California’s general rule that extends deadlines falling on a weekend or holiday does not apply here, so a notice posted on a Wednesday still expires the following Monday.1Justia Law. California Code of Civil Procedure 715.010-715.050
After the five days run out, the sheriff can return at any time, remove everyone inside, and change the locks. There is no second notice. If you are still in the unit, plan around the earliest possible return, not the latest.
Asking the Court for More Time
You can ask the judge for a stay of execution, which delays the lockout. A judge can grant up to 40 additional days, though most stays are shorter. Two things have to happen before the move-out date on the sheriff’s notice: you file the request, and you give your landlord or their attorney at least 24 hours’ notice of your court appearance.2California Courts. Ask for a Stay of Execution in an Eviction Case
There is no official form. You file on pleading paper, and your local court’s self-help center can help you prepare it. Judges respond to concrete hardship: a medical condition, a disability, young children, elderly dependents, or proof that you are actively searching for housing such as signed applications and waitlist confirmations.
You also have to bring money. Pull the landlord’s original complaint and find the daily rental value of the unit. Multiply that daily rate by the number of extra days you want. At $60 a day for 15 days, that is $900, deposited with the court. Some courts calculate from the date of the judgment rather than the date the sheriff posted the notice, which raises the total.2California Courts. Ask for a Stay of Execution in an Eviction Case If you cannot afford the deposit or miss the deadline, the judge denies the request. Even when you do everything right, the judge can still say no, so do not rely on a stay as your only plan.
Negotiating a Cash-for-Keys Deal
Lockouts cost landlords time and money, and many prefer a voluntary exit even after they have won the case. The common version is cash for keys: the landlord pays you a lump sum in exchange for leaving by an agreed date, often enough to cover moving costs or a deposit on a new place.
Put everything in writing. The document should state the move-out date, the payment amount, when payment will be made, and the condition in which you will leave the unit. Both of you sign it. A verbal promise gives you nothing if the landlord changes course.
One thing worth knowing before you sign: cash-for-keys payments are taxable. The IRS treats them as “other income,” and the landlord or a financial institution may issue a Form 1099. You report the amount on your federal return. The payment is not subject to self-employment tax, so if your 1099 lists it in Box 7 rather than Box 3, ask the issuer for a corrected form.3Internal Revenue Service. Volunteer Tax Alert 2011-08 Cash for Keys Program
Where to Sleep Tonight
If the five days are running out and you have no housing lined up, start with 211. Dial 2-1-1 from any phone. The service runs around the clock and connects you with local agencies and nonprofits that provide emergency shelter, food, and other support. Operators have real-time information on available beds at homeless shelters in your area.4USAGov. Get Emergency Housing
Many California communities also run homelessness prevention programs with emergency grants or one-time rental assistance for a new place. You can find them through 211 or through charities like the Salvation Army and Catholic Charities, which often have local branches with dedicated housing-crisis funds.
CalWORKs Homeless Assistance for Families
Families with children may qualify for CalWORKs Homeless Assistance. The program pays $85 per day for a family of four or fewer, plus $15 for each additional member, up to $145 daily, to cover hotel or motel stays for up to 16 consecutive days.5California Department of Social Services. CalWORKs Homeless Assistance After the 16 days, you cannot use the program again for 12 months unless you qualify for an exception.6California Department of Social Services. Statement of Facts – Homeless Assistance (CW 42)
To apply, contact your county welfare office and complete the Statement of Facts – Homeless Assistance form (CW 42). You must have no more than $100 in resources and either be receiving CalWORKs or appear eligible for it. Contact the welfare office as soon as you know housing is at risk, not after you are already on the street.
Free Legal Help
You do not have to do any of this alone. Every California superior court has a self-help center that provides free legal information, and many will help you prepare the paperwork for a stay request. LawHelpCA.org has a lookup tool for legal aid offices, lawyer referral services, and other low-cost legal resources in your county. County law libraries also run free self-help programs.7California Courts. Eviction Legal and Housing Resources Even late involvement from a legal aid attorney can be the difference between a granted stay and a denied one.
What Happens to the Belongings You Leave Behind
After the sheriff locks you out, your landlord cannot throw out or keep what you left inside. California law requires the landlord to store your belongings in a safe place and send you a written Notice of Right to Reclaim Abandoned Property that describes the items, says where they are stored, and explains how to get them back.8California Legislative Information. California Civil Code 1983 – Disposition of Personal Property Remaining on Premises at Termination of Tenancy
You have 15 days to respond if the notice was personally delivered, or 18 days if it was mailed.9California Legislative Information. California Civil Code 1984 – Disposition of Personal Property Remaining on Premises at Termination of Tenancy Within that window you can arrange a pickup. The landlord can charge a reasonable storage fee, and you have to pay it before they release your things.
If you do not reclaim your property in time, the next step depends on value. Items the landlord reasonably believes are worth less than $700 can be kept, sold, or discarded. Property valued at $700 or more must be sold at a public auction. After deducting storage, advertising, and sale costs, the landlord pays any remaining balance to the county treasury within 30 days, and you then have one year to claim that money from the county.10California Legislative Information. California Civil Code 1988
Two Situations With Extra Protection
Active-Duty Military
Active-duty service members facing eviction for unpaid rent have added protection under the federal Servicemembers Civil Relief Act. If military service has affected your ability to pay and your monthly rent is below $10,542.60 (the 2026 threshold, adjusted annually for inflation), a court can postpone proceedings for at least 90 days and may reduce the amount of rent owed.11Federal Register. Servicemembers Civil Relief Act 2026 Housing Price Inflation Adjustment The protection extends to spouses, children, and other dependents who received at least half of the service member’s financial support in the preceding six months. To use it, notify the court of your active-duty status and request a stay, either at the hearing or by written motion with a stamped copy delivered to the landlord’s attorney. The SCRA does not cover evictions based on lease violations unrelated to rent.
Tenants in Foreclosed Properties
If you are being displaced because your landlord’s property was foreclosed, you are under a different rule. The new owner must give you at least 90 days’ written notice before requiring you to leave.12GovInfo. Protecting Tenants at Foreclosure Act If you have a lease signed before the foreclosure notice, the new owner generally has to honor it through the end of the term, with one exception: an owner who intends to move in personally can end the lease, but still has to give the full 90 days.13Judicial Branch of California. Tenants Rights in a Foreclosure To qualify, your lease must have been an arm’s-length transaction at fair market rent, and the landlord cannot be your parent, spouse, or child.