What is the Process for a Sheriff Eviction in California [Video]

Real estate attorney Leo B. Siegel explains the sheriff eviction process in California, including what happens when a tenant or family member refuses to vacate a property after the required legal proceedings.

When a court issues a judgment for possession and a writ of possession, the sheriff may be called upon to enforce the court’s order and restore possession of the property to the person legally entitled to it.

How to Evict a Tenant in California

You may want to begin with Leo’s video, Relative Living in Inherited House, which discusses a real-life case involving a family member who refused to vacate an inherited property.

The type of notice required to terminate an occupancy arrangement depends on the circumstances, the occupant’s legal rights, and applicable California state and local laws. Depending on the situation, different notice periods and legal procedures may apply.

If an occupant fails to vacate after a legally sufficient notice expires, the person entitled to possession may need to initiate an unlawful detainer action. The case may proceed to trial if contested, although some cases are resolved through settlement or other court procedures.

Mr. Siegel discusses this process in another video, Is a Trial Necessary for an Eviction?

Editor’s Note: California Sheriff Eviction and Abandoned Property Laws

This video transcript reflects attorney Leo B. Siegel’s explanation of California sheriff eviction procedures at the time of recording. Certain legal requirements have since changed.

In particular, the $300 abandoned-property threshold mentioned in the video is outdated. California Civil Code §1988 generally provides a $700 threshold for determining whether certain unclaimed personal property may be disposed of without a public sale, subject to applicable legal requirements.

Property owners must also comply with California’s notice, storage, and property-retrieval procedures. The applicable deadlines and procedures depend on the circumstances.

Consult a qualified California eviction attorney and the appropriate sheriff’s department for current requirements before taking action.

Sheriff Eviction Notice California

When you take your Writ of Possession to the Sheriff, there are forms that you fill out first that alert the sheriff to whether there are drugs present, if you know, whether there is gang involvement, whether there are weapons or dogs, any number of other things that would cause the sheriff to perhaps be fearful. It is not the normal situation that the sheriff goes in with guns drawn. If you alert the sheriff to the fact that there are weapons present, gang members, dogs, or something of that nature, then they might draw their guns.

After the Sheriff Lockout in California

You have to have a locksmith with you because sometimes the tenant changes the locks on the house without the owner knowing it, and does not give the owner a key. The sheriff is not going to break into the house and is not going to let you break into the house. You have to have a locksmith there to get the sheriff’s access. The sheriff goes into the property, looks around to make sure nobody is hiding under the bed, escorts out anybody who is present, and turns possession over to the owner.

It is normally a pretty smooth process. Yes, you do wait around. Normally, the sheriff is more specific than 10 o’clock to 4 o’clock. They’ll usually give you a time, an hour, or a time range when they are going to meet you there with your locksmith.

Does a Sheriff Eviction Happen On Weekends? 

The Sheriff does not evict or issue a Writ of Possession on weekends or holidays.

What Happens to Personal Property Left Behind?

The Writ will provide information to the tenant. On the Writ of Possession, there will be a form attached to it that alerts the tenant to what happens to the personal possessions they leave on the property. Normally, the owner must keep the possessions in the property or store them elsewhere and protect them for 15 days to give the tenant a reasonable opportunity to set up a reasonable time with the owner during business hours to pick up their personal effects.

Anything left in the property after that, there is an auction procedure that the owner would have to go through to dispose of the property. It is somewhat expensive, laborious, and annoying.

However, if the property is less than $300, under normal circumstances, it’s an abandoned property. The owner can do anything they want with it. It is the owner’s property. They can keep it. They can throw it out. They can sell it. They can do whatever they want with it if it is worth less than $300.

It would take some considerable property to be worth more than $300. For example, a used television might only be worth $25, whereas it might have cost hundreds of dollars to purchase.

If it is worth more than $300, there is a laborious auction procedure you have to go through. You can store the property off-site and allow the tenant to go pick it up. That is what happens with the property that is left on site after the tenant vacates.

Settling an Eviction Case at Trial

That goes back to settling the case at trial. Settlement agreements, at least a lot of the ones that a lot of attorneys prepare, have clauses in them that alert the tenant to the fact that, in the settlement, when you vacate by the agreed date, any personal property that you leave in the premises is deemed abandoned without having to go through an auction procedure or special procedures to dispose of it. That is another advantage of settling the case before trial.

How to Seal an Eviction in California?

California law restricts public access to certain unlawful detainer court records. However, settling an eviction case does not automatically guarantee that the record will remain confidential.

Under California Code of Civil Procedure §1161.2, public access depends on the circumstances of the case, the court’s disposition, and applicable statutory requirements.

Tenants concerned about eviction records should consult a qualified California attorney to understand whether their records are restricted from public access and whether additional legal remedies may be available.

Work With a Team of Professionals

Real estate attorney Leo B. Siegel has decades of experience handling landlord-tenant matters and evictions, including disputes involving family members occupying inherited property.

Mr. Siegel also handles co-ownership disputes, contract disputes, fraud, title issues, easements, and boundary disputes. He may be reached at (831) 768-9110 or through the Stone Siegel Law Firm.

When you need to sell real estate in probate, trust, or conservatorship proceedings in Santa Clara County, contact Kathleen Daniels, Certified Probate Real Estate Specialist (CPRES), at (408) 972-1822.

Kathleen specializes in representing Executors, Administrators, Successor Trustees, and Conservators in the sale of real property. She works with experienced professionals to help clients navigate the challenges that may arise when preparing an estate property for sale.

When a tenant or family member refuses to vacate, Kathleen recommends consulting an experienced California eviction attorney who can evaluate the circumstances and determine the appropriate legal process, including whether a sheriff-enforced eviction may ultimately be necessary.