How Does a Landlord Request a Writ of Possession in California?
In California, a landlord requests a writ of possession after the landlord has a court judgment giving the landlord the right to possession of the rental property. The writ is the court paper that allows the sheriff to carry out the eviction. A landlord cannot simply win the eviction case and then personally remove the tenant. The landlord must get the writ issued by the court and then take it to the sheriff for enforcement.
The California eviction process does not end when the judge says the landlord wins. The landlord still must complete post-judgment steps. The California Courts Self-Help Guide for landlords after trial explains that if the landlord wins at trial, the landlord must fill out and file more forms to carry out the eviction and collect money. The key form is Writ of Execution, form EJ-130. In an eviction case, this form is used as the writ that lets the sheriff evict the tenant from the property.
California Courts explains the basic sequence clearly. If the landlord wins, the court gives the landlord a Writ of Possession or Writ of Execution. The landlord gives it to the sheriff. The sheriff gives the tenant a Notice to Vacate. The tenant then has 5 days to move out. If the tenant does not move by the deadline, the sheriff can remove the tenant and lock the tenant out. This process is described on the California Courts eviction overview, the landlord after-trial page, and the tenant page about losing an eviction case.
The most important rule is that the writ comes after judgment. A landlord does not request a writ of possession just because the tenant failed to leave after the original notice. A landlord also does not request the writ just because the eviction case was filed. The landlord must first obtain a judgment for possession. That judgment may come after a trial, after the tenant failed to respond and the landlord obtained default, or after another court-approved judgment process. Once judgment is entered, the landlord can ask the clerk to issue the writ.
This article explains how a landlord requests a writ of possession in California, which forms are used, what must happen before the writ is issued, what to do with the writ after the clerk issues it, what the sheriff does next, what rights the tenant may still have, and what mistakes landlords should avoid.
Quick Summary: How a Landlord Gets the Writ
In most California residential eviction cases, the basic process looks like this:
- The landlord gives the tenant a proper written eviction notice.
- The notice deadline expires and the tenant does not comply.
- The landlord files an unlawful detainer case.
- The tenant is served with the Summons and Complaint.
- The tenant either does not respond, or the case goes to trial or judgment another way.
- The landlord obtains a judgment for possession.
- The landlord fills out Writ of Execution, form EJ-130.
- The landlord files the writ with the court clerk so the clerk can issue it by stamping and dating it.
- The landlord takes the issued writ to the sheriff’s office.
- The sheriff posts or serves a Notice to Vacate giving the tenant 5 days to move.
- If the tenant does not move, the sheriff returns, removes the tenant, and locks the tenant out.
This is the lawful path. A landlord should not skip the writ or sheriff step. The California Courts Self-Help Guide warns that a landlord cannot lock a tenant out, shut off utilities, or throw out belongings to make the tenant leave. The sheriff, not the landlord, performs the physical lockout after the court process is complete.
What Is a Writ of Possession?
A writ of possession is a court order that allows the sheriff to enforce the judgment for possession. In California unlawful detainer cases, the writ is commonly issued on Writ of Execution, form EJ-130. The official California Courts form page explains that EJ-130 tells the sheriff to take action to enforce a judgment and can be used with instructions to the sheriff to take possession of property.
In an eviction case, the writ tells the sheriff that the court has ordered possession of the rental property to be returned to the landlord. The sheriff then starts the physical enforcement process. The sheriff posts a Notice to Vacate. If the tenant does not leave within the time stated on the sheriff notice, the sheriff can remove the tenant.
The writ is different from the judgment. The judgment is the court’s decision. In an unlawful detainer case, the judgment may be recorded on Judgment—Unlawful Detainer, form UD-110. The California Courts form page explains that UD-110 states the court’s decision in an eviction case. The writ is the enforcement paper that tells the sheriff to act on that judgment.
The writ is also different from the landlord’s original eviction notice. The original notice is served before the court case. It tells the tenant what the landlord wants and gives a deadline. The writ comes only after the landlord has won a judgment for possession. A landlord who has only served a notice does not yet have a writ.
When Can a Landlord Request the Writ?
A landlord can request the writ after the court enters judgment for possession. The judgment may happen in several ways. The landlord may win at trial. The tenant may fail to respond and the landlord may obtain default judgment. The parties may enter a stipulated judgment. The key point is that the landlord must have a judgment giving the landlord possession.
The California Courts after-trial guide explains that if the landlord wins at trial, the landlord needs to fill out and file more forms to carry out the eviction and collect money. The page lists Judgment—Unlawful Detainer, form UD-110 and Writ of Execution, form EJ-130 as the key forms.
If the tenant did not file an Answer, the landlord may request default judgment. The California Courts default judgment guide explains that if the tenant did not respond by the deadline, the landlord can ask for a default judgment. The same page explains that if the landlord wants the judge to order the tenant to move out right away, the landlord can file a default judgment for possession only. This is often processed first so the landlord can begin the process of getting the sheriff to move the tenant if the tenant does not leave voluntarily.
A landlord should not request the writ too early. If judgment has not been entered, the clerk may not issue the writ. If the judgment is incomplete, unsigned, or not filed, the writ may be rejected or delayed. The landlord should confirm that judgment for possession has been entered before requesting the writ.
Step 1: Make Sure Judgment for Possession Has Been Entered
The first step is to confirm that the landlord has a judgment for possession. Without a judgment for possession, the writ cannot be used to remove the tenant. The court needs to have decided that the landlord has the right to get the property back.
If the case went to trial, the judgment may be recorded on form UD-110. The California Courts after-trial guide says that UD-110 states what the judge decided at trial, the judge must sign it, and if it is not already filed, the landlord must file it with the court. The landlord should get a copy for records. If the tenant did not come to trial, the landlord must make a copy for the tenant.
If the case ended by default, the landlord may have requested a clerk’s judgment for possession only or a court judgment. The landlord should check the court file and confirm the judgment was entered. A default request is not the same as an entered judgment. The court must process and enter the judgment.
If the case ended by settlement or stipulated judgment, the landlord should review the agreement and court order. Some settlements allow judgment only if the tenant fails to meet specific terms. The landlord may need to file additional paperwork if the tenant breaches the settlement. The exact process depends on the terms and the court’s order.
Step 2: Decide Whether the Landlord Is Asking for Possession Only or Possession and Money
Before completing the writ, the landlord should understand what the judgment covers. Some landlords first ask for possession only because they want the tenant removed as quickly as possible. The California Courts default judgment guide explains that if the landlord wants the judge to order the tenant to move out right away, the landlord can file a default judgment for possession only. Often, the judgment for possession only is done first because the clerk can process those forms more quickly.
In other cases, the landlord may also have a money judgment. A writ can be used to enforce possession and may also be used for money collection if the court awarded money. The California Courts default page explains that form EJ-130 is the form the court issues that gives the sheriff permission to lock the tenant out and, if the tenant owes money, gives the sheriff authority to collect money from places where the tenant has money, such as wages or a bank account.
This article focuses on the writ for possession of the rental property. If the landlord also wants to collect money, the landlord should pay close attention to the judgment amount, costs, interest, and enforcement rules. Money collection may involve additional forms, sheriff instructions, wage garnishment, bank levy, or other enforcement steps. Those steps are different from the lockout process.
Step 3: Complete Form EJ-130
The main writ form is Writ of Execution, form EJ-130. In an eviction case, this form is used to get the writ that allows the sheriff to evict the tenant from the rental property. The California Courts after-trial guide says that form EJ-130 lets the sheriff evict the tenant and collect money from the tenant, such as from wages or a bank account.
The landlord must fill out the writ carefully. The information should match the judgment. The case number, court name, landlord name, tenant name, property address, judgment information, and possession instructions should be accurate. The California Courts after-trial guide specifically says to fill out Item 25 on page 2 because this shows that the court ordered the tenant to move out.
The default judgment guide gives similar instructions. It says that for a Writ of Possession or Writ of Execution, form EJ-130, the landlord should check the boxes for “Execution,” “Possession of,” and “Real Property.” This tells the court and sheriff that the writ is being used to recover possession of the rental property.
A mistake on EJ-130 can delay the eviction. If the property address is wrong, the sheriff may not enforce the writ. If the names do not match the judgment, the clerk may reject the writ. If the landlord forgets to mark possession of real property, the writ may not clearly authorize the sheriff to evict. The landlord should review the form carefully before filing it.
Step 4: File the Writ With the Court Clerk
After completing EJ-130, the landlord files it with the court clerk to be issued. The California Courts after-trial guide says the landlord must file the writ with the court clerk to get it issued, meaning stamped. Once the clerk issues the writ, the landlord can take it to the sheriff’s office.
The clerk may charge a fee to issue the writ. Court fees can change, so the landlord should check the current statewide fee schedule and the local court’s fee information. The Judicial Branch of California Civil Fees page links to the current statewide civil fee schedule. If the landlord has a fee waiver, the landlord should check whether the fee waiver covers the writ issuance or whether additional fee waiver action is needed.
The California Courts fee waiver page explains that a fee waiver can cover some court fees and that a person can ask for a fee waiver later in the case if they cannot afford fees at that point. That information is available on the California Courts fee waiver guide.
The landlord should keep copies of the completed writ and the issued writ. The sheriff will usually need the issued original or court-certified copy, depending on local sheriff procedure. The landlord should call the sheriff first to confirm what the sheriff requires.
Step 5: Take the Issued Writ to the Sheriff
After the court clerk issues the writ, the landlord must take it to the sheriff’s office. The landlord should not try to enforce the writ personally. The California Courts after-trial guide says the landlord should take the writ to the sheriff’s office and call the sheriff first to check the sheriff’s process and what the sheriff needs.
Each county sheriff may have its own civil division procedures. The sheriff may require written instructions, fees, contact information, the property address, the name of the tenant, access instructions, and information about animals, gates, security, or safety concerns. The landlord should check the sheriff’s civil process instructions for the county where the property is located.
The sheriff is the agency that posts the Notice to Vacate and returns to enforce the lockout if the tenant does not leave. The landlord should cooperate with the sheriff and follow instructions. The landlord may need to be available for the lockout, provide access, bring a locksmith, or arrange to secure the property after the sheriff restores possession.
The landlord should not harass, threaten, or pressure the tenant while waiting for the sheriff. The court has issued the writ, but the sheriff must handle enforcement. The landlord should avoid any conduct that could be treated as illegal self-help, retaliation, or harassment.
Step 6: The Sheriff Posts or Serves the Notice to Vacate
After the sheriff receives the writ and instructions, the sheriff gives the tenant a Notice to Vacate. The California Courts after-trial guide explains that the sheriff gives the tenant a Notice to Vacate and that this gives the tenant 5 days to move out. If the tenant does not move by the deadline, the sheriff returns, removes the tenant, and locks the tenant out.
The tenant-facing California Courts page explains the same sequence. The California Courts guide for tenants who lose an eviction case says that if the judge or jury decides the landlord can evict the tenant, the court gives the landlord a Judgment of Possession, the landlord gets a Writ of Execution, the landlord gives it to the sheriff, the sheriff gives the tenant a Notice to Vacate giving the tenant 5 days to move, and if the tenant does not move, the sheriff can lock the tenant out.
The Notice to Vacate is not the same as the original 3-day, 30-day, 60-day, or 90-day eviction notice. The original notice comes before the court case. The sheriff’s Notice to Vacate comes after judgment and writ. It is the final warning before the sheriff lockout.
Step 7: The Tenant Has 5 Days to Move After the Sheriff Notice
Once the sheriff gives the tenant the Notice to Vacate, the tenant generally has 5 days to move. The California Courts after-trial page says the sheriff gives the tenant 5 days to move. The tenant page about losing an eviction case also says the sheriff’s Notice to Vacate gives the tenant 5 days to move out.
During this period, the tenant may move voluntarily. The tenant should remove belongings, return keys if possible, and document move-out. The landlord should communicate carefully and avoid self-help. The sheriff process is already underway, so the landlord should let the sheriff complete enforcement if the tenant does not leave.
The tenant may also have limited options to ask the court for more time or try to stop the eviction. The California Courts guide on asking for more time explains that if the tenant needs extra time, the tenant can ask the court for a stay of execution. The tenant must file a request on pleading paper, bring enough money to pay the landlord for the extra days requested, and tell the landlord about the request.
The tenant must act quickly. The stay request must be made before the sheriff’s move-out deadline. Waiting until the sheriff arrives is usually too late.
Step 8: If the Tenant Does Not Move, the Sheriff Can Remove the Tenant
If the tenant does not move by the deadline on the sheriff’s Notice to Vacate, the sheriff can return and remove the tenant. The California Courts after-trial page explains that if the tenant does not move by the deadline, the sheriff will come back, remove the tenant, and lock the tenant out. The tenant-facing page says that if the tenant does not move out, the sheriff can lock the tenant out of the home.
This is the lawful lockout. The landlord should be ready to secure the property after the sheriff restores possession. The landlord may need to arrange a locksmith, bring identification, follow sheriff instructions, and avoid confrontation. The sheriff controls the lockout process.
After the lockout, the landlord may regain possession. The landlord should follow California law and local rules about any belongings left behind. The landlord should also document the property condition with photos and videos. If the landlord has a money judgment, collecting money is a separate enforcement process.
What Forms Are Commonly Involved?
The writ stage may involve several forms, depending on how the landlord won the case and what the landlord is asking the court to do. The most important forms include:
- Judgment—Unlawful Detainer, form UD-110: states the court’s decision in the eviction case.
- Writ of Execution, form EJ-130: tells the sheriff to enforce the judgment, including possession of real property in an eviction case.
- Verification by Landlord Regarding Rental Assistance—Unlawful Detainer, form UD-120: used in some default cases involving unpaid rent or other money owed under the rental agreement.
- Declaration for Default Judgment by Court, form UD-116: used when asking for default judgment by court in an unlawful detainer case.
- Judgment—Unlawful Detainer Habitable Premises Attachment, form UD-110H: used for additional orders a judge might make in an eviction case involving habitability issues.
Not every case requires every form. A trial judgment may involve different paperwork than a default judgment. A possession-only default may be different from a default asking for both possession and money. Local courts may also require additional forms. The California Courts eviction forms page explains that all California courts use the same basic forms, but parties should also check for local court requirements.
How Is the Writ Different After Trial Versus Default?
The writ itself is still the enforcement paper used by the sheriff. But the paperwork leading to the writ may differ depending on whether the landlord won at trial or by default.
If the landlord wins at trial, the California Courts after-trial guide says the landlord must use UD-110 to show what the judge decided and EJ-130 for the writ. The judge must sign the judgment. If it is not already filed, the landlord files it with the court. Then the landlord files EJ-130 with the clerk to get the writ issued.
If the tenant did not respond, the landlord may request default judgment. The California Courts default judgment guide explains that if the landlord wants possession only, the landlord can ask for default judgment for possession only, often because the clerk can process those forms more quickly. The page also lists forms for default, including judgment and writ forms, and explains that EJ-130 is given to the sheriff to evict the tenant.
In both paths, the landlord still needs the court to issue the writ and the sheriff to enforce it. The landlord cannot skip directly from notice or complaint to lockout.
What If the Tenant Did Not Come to Trial?
If the tenant did not come to trial and the landlord won, the landlord must serve the tenant with a copy of the judgment. The California Courts after-trial guide says that if the tenant did not come to trial, the landlord must serve the tenant with a copy of the Judgment. This tells the tenant what the judge ordered.
This is separate from the sheriff’s Notice to Vacate. The judgment tells the tenant what the court decided. The sheriff’s Notice to Vacate is the enforcement notice after the writ is delivered to the sheriff. The landlord should follow both requirements carefully.
If the tenant missed trial, the tenant may try to ask the court for relief in limited situations. The California Courts tenant page about losing an eviction case explains that a tenant may have options after losing, such as asking for more time, asking for a set aside, or filing an appeal. The landlord should be aware that post-judgment motions can affect timing.
What If the Tenant Asks for More Time?
After the sheriff’s Notice to Vacate, a tenant may ask the court for more time by requesting a stay of execution. The California Courts guide on asking for more time explains that the tenant must file a request on pleading paper, bring enough money to pay the landlord for the extra days requested, and tell the landlord about the request.
A stay of execution does not erase the judgment. It asks the court to delay enforcement for a short period. The judge decides whether to grant it. If the court grants a stay, the sheriff lockout may be delayed. If the court denies it, the sheriff process may continue.
Landlords should watch for any court notices or tenant filings after the writ is issued. If the tenant files a stay request, the landlord may have the right to object. The landlord should bring proof of the judgment, rent owed, delay, hardship, and any other facts relevant to the court’s decision.
What If the Tenant Tries to Set Aside the Judgment?
A tenant who lost may ask the judge to cancel or set aside the judgment in rare situations. The California Courts set-aside guide explains that a tenant may ask for a set aside after an eviction judgment in limited situations. The page also warns that the tenant only gets one chance to ask and that doing it wrong can prevent trying again.
A set-aside request can affect the writ process if the court grants relief or temporarily pauses enforcement. A landlord should not ignore a set-aside motion. The landlord should review the tenant’s reasons and be prepared to explain why the judgment should remain in place if that is the landlord’s position.
Common set-aside arguments may involve mistake, surprise, excusable neglect, lack of proper service, or emergency circumstances. The court decides based on the law and facts. If the judgment is set aside, the case may return to an earlier stage. If the judgment remains, the writ process may continue.
What If the Tenant Appeals?
A tenant may have appeal rights after losing an eviction case. The California Courts after-trial guide notes that a tenant may file an appeal after trial. An appeal does not always automatically stop the sheriff from enforcing the writ. A tenant may need to take additional steps to stay enforcement. Because appeals are technical and deadlines are short, both sides should seek legal help if an appeal is filed.
The State Bar of California provides public information about finding legal help on its official Need Legal Help page. Eviction appeals can involve strict deadlines, bonds or undertakings, records, and legal arguments. A landlord should not assume an appeal has no effect, and a tenant should not assume an appeal automatically prevents lockout.
Can the Landlord Change the Locks After the Writ Is Issued?
No. The landlord should not personally change the locks just because the court issued the writ. The writ must be taken to the sheriff. The sheriff posts the Notice to Vacate and returns for the lockout if the tenant does not move. The landlord may change locks after the sheriff has lawfully restored possession, often as part of the sheriff lockout process and consistent with sheriff instructions.
The California Courts eviction overview warns that a landlord cannot lock out the tenant, shut off utilities, or throw out belongings to make the tenant leave. This rule remains important even after judgment. The landlord must let the sheriff handle enforcement.
Illegal self-help can create legal problems and may delay the case. A landlord who acts outside the sheriff process may face claims, penalties, or court consequences. The safest approach is to follow the writ and sheriff procedure exactly.
Can the Landlord Shut Off Utilities After the Writ Is Issued?
No. A landlord should not shut off utilities to force the tenant to leave. The California Courts eviction overview warns landlords not to shut off utilities to make a tenant move. The sheriff process exists so the landlord does not have to use pressure, threats, utility shutoffs, or lock changes.
Even if the landlord is frustrated because the tenant has lost the case and still has not moved, the landlord should not take matters into their own hands. The landlord should work with the sheriff and follow the lawful lockout process.
What Does the Sheriff Need From the Landlord?
The exact requirements vary by county. The California Courts after-trial page tells landlords to call the sheriff first to check the sheriff’s process and what the sheriff needs. Common sheriff requirements may include:
- The issued writ.
- Sheriff civil instructions.
- Payment of sheriff fees.
- The property address.
- Tenant names.
- Landlord or agent contact information.
- Access instructions for gates or secured buildings.
- Information about safety concerns.
- Locksmith information if needed.
- Instructions about animals, if relevant.
The landlord should not wait until the last minute to call the sheriff. Sheriff offices may have specific hours, forms, payment methods, appointment procedures, and lockout scheduling rules. A delay in delivering the writ or completing sheriff instructions can delay the lockout.
Does the Writ Expire?
Writs are not meant to sit forever without enforcement. The California Courts small claims writ page explains generally that a Writ of Execution expires in 180 days. That page is about money collection, but the form used is the same EJ-130. In eviction cases, landlords should move promptly after the writ is issued and should follow sheriff instructions. If a writ becomes stale or expires, the landlord may need to request another writ or take additional steps.
Because timing can be technical and sheriff procedures vary, the landlord should ask the court clerk and sheriff about deadlines. The safest practice is to get the writ issued and take it to the sheriff promptly after judgment.
What If There Are Unknown Occupants?
Sometimes people live in the rental home but were not named in the lease or judgment. This can complicate enforcement. California Courts provides information for people not on the lease on the tenant page for people not on the lease or rental agreement. That page explains that if a person is not on the lease and does not ask to be added to the eviction case, their name may not be on the eviction record, but the sheriff can still evict them.
If the landlord used a Prejudgment Claim of Right to Possession earlier in the case, unknown adult occupants may have had a chance to come forward and join the case. The California Courts eviction forms page explains that this form lets unknown adults who live in the rental unit know about the eviction and their right to join the case.
If an unknown occupant appears after the writ is posted, the landlord should not try to resolve the issue personally through force. The landlord should follow sheriff and court procedures. Unknown occupants may have limited options depending on service, timing, and whether they claim a right to possession.
What If the Tenant Moves Out Before the Sheriff Lockout?
If the tenant moves out voluntarily after the writ is issued but before the sheriff lockout, the landlord should document the move-out and communicate with the sheriff. The landlord may need to cancel or update the sheriff lockout if possession has been returned. The landlord should not claim the tenant is still in possession if the tenant has fully moved out and returned keys.
The landlord should inspect the property, take photos and videos, change locks only after possession has been lawfully returned, and handle any belongings left behind according to law. If money is still owed, that is a separate issue from possession enforcement.
If there is uncertainty about whether the tenant truly surrendered possession, the landlord should be cautious. A tenant may leave some belongings, keep keys, or return to the unit. Clear written confirmation, key return, and sheriff guidance can help avoid disputes.
What If the Landlord Also Wants to Collect Money?
A writ can be connected to possession and money collection if the judgment includes money. The California Courts default page explains that EJ-130 can give the sheriff authority to lock the tenant out and, if the tenant owes money, collect money from places where the tenant has money, such as wages or a bank account. But collecting money usually requires additional instructions and procedures.
Money collection is not the same as eviction lockout. To collect money, the landlord may need to identify wages, bank accounts, or other assets, and may need additional forms and sheriff instructions. The landlord should check California Courts judgment enforcement resources and the sheriff’s civil division. The landlord should also confirm the judgment amount, costs, interest, and any limits on collection.
If the landlord only obtained possession first, the landlord may need a separate process to obtain or enforce a money judgment. The California Courts dismissal page explains that if a tenant moves out before trial and still owes money, the landlord may be able to start a small claims or civil case to try to recover it. That page is available through the California Courts guide on dismissing an eviction case.
What If the Judge Says the Tenant Can Stay?
If the judge says the tenant can stay, the landlord cannot request a writ of possession based on that case. The California Courts after-trial guide explains that if the judge says the tenant can stay, the tenant gets to stay in the home and must follow the rental agreement. The judge may also order the landlord to pay the tenant’s court costs or make repairs.
A landlord who loses should not try to remove the tenant anyway. The landlord should review the judgment and decide whether another lawful step is available. If the case was lost because of a defective notice, the landlord may need to serve a new notice if the law allows. If the case was lost because the eviction reason was illegal or unproven, serving a new notice may not solve the problem.
Common Mistakes When Requesting a Writ of Possession
The first common mistake is requesting the writ before judgment is entered. The writ enforces a judgment. If there is no judgment for possession, the writ should not issue.
The second mistake is using the wrong form or filling out EJ-130 incorrectly. In an eviction case, the landlord must make clear that the writ is for possession of real property. The California Courts default guide says to check the boxes for “Execution,” “Possession of,” and “Real Property.” The after-trial guide says to fill out Item 25 on page 2 because it shows the court ordered the tenant to move out.
The third mistake is not filing or obtaining a signed UD-110 judgment. If the case went to trial, the judgment must be signed and filed. The landlord should get a copy for records.
The fourth mistake is taking an unsigned or unissued writ to the sheriff. The clerk must issue the writ. The sheriff generally needs the issued writ, not just a draft.
The fifth mistake is not calling the sheriff first. The California Courts after-trial guide specifically tells landlords to call the sheriff first to check the sheriff’s process and what the sheriff needs.
The sixth mistake is trying to lock the tenant out personally. The landlord must use the sheriff. Self-help eviction can create legal problems.
The seventh mistake is ignoring tenant post-judgment requests. A tenant may ask for more time, ask to set aside the judgment, or appeal. These requests can affect timing.
Practical Checklist for Landlords Requesting a Writ
- Confirm that judgment for possession has been entered.
- Get a copy of the judgment, usually UD-110.
- If the tenant did not attend trial, serve a copy of the judgment if required.
- Complete EJ-130.
- Check the boxes showing execution and possession of real property.
- Complete Item 25 on page 2 to show the court ordered the tenant to move out.
- Make sure the names, case number, court, and property address match the judgment.
- File EJ-130 with the court clerk.
- Pay the writ issuance fee or confirm fee waiver coverage.
- Get the writ issued by the clerk.
- Call the sheriff’s civil division for instructions.
- Take the issued writ and sheriff instructions to the sheriff.
- Pay sheriff fees or provide fee waiver paperwork if accepted.
- Wait for the sheriff to post the Notice to Vacate.
- Coordinate with the sheriff for the lockout if the tenant does not move.
- Do not change locks, shut off utilities, or remove belongings before lawful possession is restored.
Practical Checklist for Tenants After a Writ Is Issued
- Read the sheriff’s Notice to Vacate immediately.
- Write down the deadline to move.
- Understand that the sheriff notice usually gives 5 days to move.
- Move belongings and return keys if moving voluntarily.
- If more time is needed, ask the court about a stay of execution immediately.
- If asking for more time, bring money to pay the landlord for the extra days requested.
- If there was a mistake or emergency, ask about set-aside options quickly.
- If appealing, get legal help immediately.
- Do not wait until the sheriff arrives.
- Keep copies of all court papers and notices.
Frequently Asked Questions
What form does a landlord use to request a writ of possession in California?
The landlord usually uses Writ of Execution, form EJ-130. In an eviction case, this form is used to give the sheriff authority to enforce possession of the rental property.
Can the landlord request the writ before winning the eviction case?
No. The landlord needs a judgment for possession first. The writ enforces the judgment. If there is no judgment for possession, the landlord cannot use a writ to evict the tenant.
What judgment form is used in an unlawful detainer case?
The judgment is commonly recorded on Judgment—Unlawful Detainer, form UD-110. California Courts explains that this form states the court’s decision in an eviction case.
What does the landlord do after the court clerk issues the writ?
The landlord takes the issued writ to the sheriff’s office. The California Courts after-trial guide says the landlord should take the writ to the sheriff and call the sheriff first to check the sheriff’s process and what the sheriff needs.
How long does the tenant have after the sheriff posts the Notice to Vacate?
The tenant generally has 5 days to move. The California Courts after-trial guide says the sheriff gives the tenant a Notice to Vacate that gives the tenant 5 days to move out.
Can the landlord change the locks after the writ is issued?
No. The landlord should not personally change the locks before the sheriff completes the lawful lockout. The sheriff enforces the writ. The landlord may secure the property after possession is lawfully restored.
What if the tenant asks for more time after the writ?
The tenant may ask the court for a stay of execution. The California Courts guide on asking for more time explains that the tenant must file a request on pleading paper, bring enough money to pay for the extra days requested, and tell the landlord.
What if the tenant tries to set aside the judgment?
The tenant may ask for a set aside in rare situations. The California Courts set-aside guide explains that this is a request to cancel or set aside the judgment. If the court grants relief, the writ process may be affected.
Can the writ also be used to collect money?
Yes, if there is a money judgment. California Courts explains that EJ-130 can allow the sheriff to enforce possession and may also authorize money collection if the tenant owes money. Money collection may require additional steps and instructions.
What if the tenant moves out before the sheriff lockout?
The landlord should document the move-out, confirm possession, and contact the sheriff to update or cancel the lockout if appropriate. The landlord should still handle any belongings left behind according to law.
Bottom Line
A landlord requests a writ of possession in California only after getting a judgment for possession in the unlawful detainer case. The judgment may come after trial, default, or a court-approved agreement. Once judgment is entered, the landlord completes Writ of Execution, form EJ-130, makes clear that the writ is for possession of real property, files it with the court clerk, and gets it issued.
After the clerk issues the writ, the landlord takes it to the sheriff’s office with any required sheriff instructions and fees. The sheriff then gives the tenant a Notice to Vacate, usually giving the tenant 5 days to move out. If the tenant does not move by the deadline, the sheriff can return, remove the tenant, and lock the tenant out.
The landlord cannot personally enforce the writ. The landlord cannot change locks, shut off utilities, remove belongings, or force the tenant out. The lawful physical eviction is handled by the sheriff. The tenant may still ask for more time, ask to set aside the judgment, or pursue other post-judgment options, but those requests must be made quickly. For landlords, the safest approach is to confirm judgment, complete the writ accurately, get it issued by the clerk, follow sheriff instructions, and avoid self-help.
Official California Sources
- California Courts Self-Help Guide: Eviction cases in California
- California Courts Self-Help Guide: The eviction process for landlords
- California Courts Self-Help Guide: After the eviction trial decision
- California Courts Self-Help Guide: Ask for a default judgment
- California Courts Self-Help Guide: Ask for a default judgment in an eviction case
- California Courts Self-Help Guide: What happens if your tenant files a response
- California Courts Self-Help Guide: What to expect at an eviction trial for landlords
- California Courts Self-Help Guide: What happens if you lose your eviction case
- California Courts Self-Help Guide: Ask for more time to move
- California Courts Self-Help Guide: Ask for a set aside after an eviction judgment
- California Courts Self-Help Guide: How to dismiss an eviction case
- California Courts Self-Help Guide: Eviction forms
- Judicial Council Form UD-110: Judgment—Unlawful Detainer
- Judicial Council Form UD-110H: Judgment—Unlawful Detainer Habitable Premises Attachment
- Judicial Council Form UD-116: Declaration for Default Judgment by Court
- Judicial Council Form UD-120: Verification by Landlord Regarding Rental Assistance—Unlawful Detainer
- Judicial Council Form EJ-130: Writ of Execution
- California Courts Self-Help Guide: Fee waivers
- Judicial Branch of California: Civil Fees
- California Courts Self-Help Guide: If you’re not on the lease or rental agreement
- State Bar of California: Need Legal Help
