After a court enters a judgment of possession in California, the winning party does not get to change the locks or move anyone’s belongings. The next step is to ask the court clerk for a Writ of Possession, hand it to the county sheriff, and let the sheriff carry out the removal. The sheriff posts a five-day notice on the property, and if the occupants are still inside when that time runs out, deputies return with a locksmith and put them out. Everything else that can happen after the judgment, including appeals, stays, bankruptcy filings, and claims by unnamed occupants, works around that core timeline.
Getting the Writ of Possession
The judgment itself does not remove anyone. To enforce it, the landlord (or other prevailing party) requests a Writ of Possession from the court clerk. The court charges $40 to issue the writ.1Superior Court of California. Statewide Civil Fee Schedule
Once issued, the writ goes to the sheriff in the county where the property sits. The sheriff charges a separate fee for serving and executing it, typically running from $145 to $285 depending on the county. The sheriff is the only person legally allowed to carry out the physical removal. A landlord who tries to shortcut this step by changing the locks, cutting off utilities, or removing doors and windows is committing an illegal self-help eviction under Civil Code 789.3, which exposes them to the tenant’s actual damages, $100 per day the violation continues, a minimum $250 award per violation, and the tenant’s attorney’s fees.2California Legislative Information. California Code Civil 789.3 The California Department of Justice has specifically flagged lockouts and utility shutoffs as prohibited.3California Department of Justice. Protecting Tenants Against Unlawful Lockouts and Other Self-Help Evictions Winning the case does not change this. The sheriff is the only route.
The Five-Day Notice and the Lockout
After receiving the writ, the sheriff posts a five-day notice at the property. The notice tells anyone inside that they must leave or be physically removed when the five days expire.4California Legislative Information. California Code of Civil Procedure – Chapter 3, Judgment for Possession of Real Property If the occupants leave within that window, the landlord can take back the property without further sheriff involvement. If they stay, the sheriff returns on or after the fifth day, usually with a locksmith, and removes them. The landlord then takes possession.
Someone Living There Who Wasn’t Named in the Lawsuit
If a person was living in the unit but was never named in the unlawful detainer case, the lockout can be delayed. That person can file a claim of right to possession after judgment, which forces the court to deal with their status before the sheriff can remove them.5California Courts. Prejudgment Claim of Right to Possession The landlord can head this off before judgment by serving a Prejudgment Claim of Right to Possession (Form CP10.5) alongside the original summons and complaint. If that was not done and someone unnamed is still inside when the sheriff posts the notice, expect a pause while the claim is sorted out.
Personal Property Left Behind
Belongings almost always remain in the unit after a lockout, and the landlord cannot throw them away. California law requires written notice to the former tenant describing what was left, where to pick it up, and the deadline to retrieve it. If the property appears to be worth $700 or more, the landlord has to hold it for at least 15 days, or 18 days if the notice was mailed, and then sell it at a public auction. Property believed worth less than $700 can be kept, sold, or discarded once the notice period runs out.6California Legislative Information. California Civil Code 1984
If You Lost: What You Can Still Do
The judgment is enforceable fast, but a few doors remain open. Each has a deadline, and none of them stop the sheriff automatically.
Setting Aside a Default Judgment
If the judgment was entered because no Answer was filed on time, you can ask the court to vacate it under Code of Civil Procedure 473. The grounds are mistake, inadvertence, surprise, or excusable neglect, and the motion must be filed within a reasonable time and no later than six months after the judgment. Granting the motion returns the case to the litigation stage; it does not erase the underlying dispute.
Appealing
Most unlawful detainer cases are limited civil matters, meaning the amount in controversy is $25,000 or less. In those cases, the notice of appeal must be filed within 30 days after the clerk or a party serves notice of entry of judgment, or within 90 days after entry of judgment, whichever comes first.7Judicial Branch of California. California Rules of Court Rule 8.822 The appeal is heard by the appellate division of the superior court. Filing fees run from $225 to $370 depending on the amount in dispute.1Superior Court of California. Statewide Civil Fee Schedule
If the case is an unlimited civil matter (more than $25,000 in dispute), the appeal goes to the Court of Appeal instead, the filing fee is $775, and the deadline extends to 60 days. Fee waivers are available for either type of appeal using Form FW-001.8California Courts. Request to Waive Court Fees
Asking for a Stay of the Lockout
Filing an appeal does not stop the sheriff. To stay in the unit while the appeal is pending, you have to ask the court for a stay of execution. Under Code of Civil Procedure 1176, the court can grant one if you show extreme hardship and the landlord will not be irreparably injured. Courts generally require you to deposit ongoing rent with the court for the length of the stay. No deposit, no stay.
Bankruptcy Will Rarely Help at This Point
A bankruptcy filing normally triggers an automatic stay that halts legal proceedings against the debtor. But the Bankruptcy Code carves out an exception for landlords who already have a judgment of possession, which means the automatic stay does not stop a post-judgment eviction from going forward.9Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay There is one narrow opening under 11 U.S.C. § 362(l): if the judgment was based on nonpayment of rent, the tenant can certify that fact, deposit the overdue amount with the bankruptcy court, and provide evidence of a cure. If the landlord challenges the certification and the court agrees the default has not been cured, the stay lifts and the sheriff proceeds. For most people, bankruptcy at this stage buys little or no time.
What Happens If You Simply Refuse to Leave
Ignoring the judgment and the sheriff’s notice makes things worse quickly. The court can hold the occupant in contempt for disobeying a lawful order under Code of Civil Procedure 1209, which carries potential fines and jail time.10California Legislative Information. California Code of Civil Procedure 1209
Money liability stacks on top. Under Code of Civil Procedure 1174, the court assesses actual damages caused by the unlawful detainer, including unpaid rent. If the court finds the occupant acted with malice, it can add up to $600 in statutory damages.11California Legislative Information. California Code of Civil Procedure 1174 In cases involving oppression, fraud, or malice, Civil Code 3294 allows punitive damages with no statutory cap.12California Legislative Information. California Code Civil 3294
Physically obstructing the sheriff or staying past the lockout can also bring criminal charges. Trespass under Penal Code 602 covers remaining on someone else’s property without permission and is a misdemeanor.13California Legislative Information. California Code Penal 602 A standard misdemeanor in California carries up to six months in county jail, a fine of up to $1,000, or both.14California Legislative Information. California Code Penal 19 Damaging the property on the way out can add vandalism charges under Penal Code 594.15California Legislative Information. California Code Penal 594
Active-Duty Servicemembers
Federal law changes the timeline for active-duty servicemembers and their dependents. Under the Servicemembers Civil Relief Act, when the monthly rent is $10,239.63 or less (a figure adjusted annually), a landlord cannot evict a covered servicemember or their dependents from a primary residence without a court order, and the court must stay proceedings for at least 90 days on request when military service has materially affected the servicemember’s ability to pay.16Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress The court can also adjust lease obligations and grant the landlord equitable relief, such as partial payment from military pay. Knowingly evicting a covered servicemember without a court order is a federal crime punishable by up to one year in prison. If this applies, raise it with the court before the writ is executed.
Probate Possession Orders Work Differently
Not every California judgment of possession comes out of an eviction. In probate cases, an executor or administrator who needs to clear an heir or other occupant off estate property can obtain a writ of possession through the same enforcement process used in unlawful detainer, and the court can start contempt proceedings against someone who continues to defy the order. Appeal rules differ: orders involving estate distribution or heirship are appealable under Probate Code 1303, and the deadline is generally 60 days from the order.17California Legislative Information. California Code Probate 1303 Probate appeals typically take longer to resolve than unlawful detainer appeals, and courts may grant temporary injunctions preventing property transfer when the appellant shows a likelihood of success and potential irreparable harm.