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What happens after eviction judgment in California?

Overview

When an eviction judgment (called a Judgment for Possession) is entered in California, it marks a critical turning point in the legal process. The landlord has legally proven the right to regain possession of the property, but the process does not end there. The court’s judgment must be formally enforced through law enforcement, typically the county sheriff, using a Writ of Possession. This post-judgment phase includes several procedural steps designed to ensure fairness, due process, and lawful property transfer.

Tenants still have limited but important rights even after judgment — such as requesting a stay of execution or appealing the decision. Landlords, on the other hand, must comply strictly with California’s eviction statutes before taking any physical action to regain possession. Any self-help eviction (such as changing locks or removing property without a writ) is illegal under California Civil Code §789.3.

This article walks through each stage that follows an eviction judgment: confirming the ruling, obtaining and executing the writ, coordinating with the sheriff, addressing tenant belongings, collecting unpaid rent, and closing the court record. Whether you are a landlord, tenant, or property manager, understanding this process ensures compliance with the law and prevents costly mistakes or liability exposure.

Who Can Apply and Who Benefits

After the court issues an eviction judgment, the party entitled to enforce it is almost always the landlord or property owner of record. The legal right to apply for the writ of possession lies exclusively with that party (or their attorney or authorized agent). If property management companies are involved, they must be explicitly authorized in writing by the owner to proceed.

The landlord benefits most directly by regaining control of their property. For many small landlords, this may represent the recovery of critical income, as months of unpaid rent can jeopardize mortgage obligations. For large property managers, proper handling of post-judgment steps ensures regulatory compliance and reduces exposure to tenant retaliation claims.

Tenants, however, also benefit from understanding the post-judgment process. Knowing the exact timing of a writ of possession, the five-day Notice to Vacate, and the rules for recovering belongings allows them to move out with dignity and minimize financial damage. Tenants who face hardship may also request a stay of eviction (Form UD-150), giving them time to secure alternative housing or arrange storage for their property.

Community organizations, legal aid clinics, and housing counselors also use this information to advise clients properly. By explaining what happens after a judgment, they help prevent unlawful lockouts, preserve credit scores, and reduce homelessness. The process ensures accountability for both sides, offering structure, transparency, and a clear end to the landlord-tenant conflict.

In short, both landlords and tenants benefit from a clear understanding of this stage. The law balances speed for landlords with humanity for tenants — a dual goal at the heart of California’s housing statutes.

Benefits of Understanding the Post-Judgment Process

Understanding what happens after an eviction judgment is not merely procedural — it’s strategic. Landlords who master this stage avoid illegal actions, civil liability, and costly restarts. The law provides detailed guidance on how and when to take possession, what to do with personal property left behind, and how to recover money owed. Tenants who know their rights can avoid unnecessary confrontations, file appeals properly, and protect their credit.

For landlords, the main benefits include:

  • Legal compliance: Following the process ensures that every eviction action withstands legal scrutiny and cannot be reversed on procedural grounds.
  • Time efficiency: Knowing which forms (EJ-130, UD-150, POS-010) to use prevents administrative delay.
  • Financial recovery: Post-judgment actions like bank levies or garnishment can recoup unpaid rent.

For tenants, the benefits are equally tangible:

  • They can plan a lawful, safe move-out rather than face a forced removal.
  • They maintain eligibility for future rentals by avoiding records of illegal eviction resistance.
  • They can use the appeal or stay process to buy essential time during hardship.

Knowledge of post-judgment rights also supports fair housing and community stability. Courts, sheriffs, and self-help centers depend on educated parties to minimize errors and reduce emotional escalation. The greatest benefit of understanding this process lies in preventing surprise: everyone involved knows what will happen, when, and why — turning a high-stress event into a predictable, legally sound sequence.

Step 1: Confirm the Court Judgment

After the trial or hearing, the judge issues a formal Judgment for Possession (and possibly a money judgment for unpaid rent or damages). This judgment is the legal foundation for every subsequent action. It must be entered in the court’s records, and a copy provided to both parties. The landlord should confirm that the judgment clearly states (1) who must vacate, (2) the property address, (3) the amount owed, and (4) the timeline for enforcement.

The clerk prepares a signed judgment form, typically Form UD-110 (Judgment – Unlawful Detainer). Landlords can request a certified copy immediately after entry. Tenants may receive it by mail or through the court’s eDelivery system if available. Both parties should verify its accuracy, as clerical mistakes can delay or void enforcement.

At this stage, tenants who disagree with the decision may file an Appeal (Form APP-102) or request a Stay of Execution (Form UD-150). These filings can temporarily pause the eviction if granted. Appeals must be filed within five calendar days of judgment in limited civil (eviction) cases, per California Rules of Court 8.822.

For landlords, confirming the judgment’s accuracy ensures there are no technical barriers before requesting a writ of possession. For tenants, it provides clarity on deadlines and their options to contest or comply. Both sides should record key dates — judgment entry, appeal deadline, and potential sheriff execution window — as these govern every subsequent action.

LegalAtoms automatically tracks judgment entry, creates timeline alerts for both parties, and populates follow-up forms (writ or stay) to ensure no deadlines are missed. Confirmation is not simply paperwork — it is the pivot point between trial and enforcement.

Step 2: Understand the Types of Judgments and Their Effects

In California eviction law, the type of judgment determines what happens next. There are typically two: a default judgment (when the tenant fails to respond) and a trial judgment (after a hearing). Each has different implications for timing, enforcement, and appeal rights.

A default judgment allows the landlord to immediately request a Writ of Possession (EJ-130). The sheriff can post the five-day Notice to Vacate as soon as the writ is issued. Because there was no tenant participation, appeals are rare and limited to claims of improper service or fraud.

A trial judgment involves a hearing where both sides presented evidence. Even after losing, tenants may request a stay or appeal within five days. If the judge issues a money judgment in addition to possession, landlords can pursue collection separately after the eviction concludes.

It’s crucial for landlords to distinguish between possession-only judgments and possession plus money judgments. The first returns control of the property but does not automatically collect rent. The second allows both eviction and financial recovery under the same case. Collecting money, however, requires filing post-judgment enforcement forms.

For tenants, understanding the judgment type clarifies their options: whether they can remain temporarily, pay to stop the writ, or negotiate a move-out plan. LegalAtoms helps both sides visualize these pathways through a clear dashboard — color-coded to show whether a case is in “Judgment,” “Appeal,” “Stay,” or “Enforcement” stage. Knowing your judgment type ensures your next move is both lawful and timely.

Step 3: Preparing for the Writ of Possession Process

The Writ of Possession is the official mechanism that allows a landlord to retake possession of property after judgment. It must be requested from the court clerk using Form EJ-130. Preparing for this step means gathering correct case details, confirming payment of fees (usually $40–$50), and coordinating with the county sheriff.

The landlord submits the writ request with a copy of the judgment and pays the fee. The clerk then issues the writ, which orders the sheriff to remove occupants who remain in the property. The sheriff’s office will then post a Notice to Vacate at the property, giving tenants five days to move voluntarily.

Before this notice is posted, tenants may file motions for relief (stay, appeal, or satisfaction). Landlords must check for any such filings before proceeding. Ignoring pending motions can invalidate the writ or expose the landlord to contempt of court.

Landlords should also prepare for logistics: scheduling a locksmith, securing utilities, and inspecting property condition. If tenants abandon personal property, they must follow Civil Code §1983 to store or dispose of it properly. LegalAtoms automates this process by generating required notices and timelines based on judgment and sheriff activity.

In this step, precision and patience matter most. The law ensures fairness by spacing actions through defined notice periods. When landlords respect those windows, enforcement proceeds smoothly and without risk of reversal.

Step 4: Obtaining and Filing the Writ of Possession

After a judgment for possession, the landlord’s next procedural step is to obtain a Writ of Possession—a powerful yet carefully regulated instrument directing the sheriff to restore possession of the rental property. The writ translates the court’s abstract judgment into a concrete, enforceable command. Without it, the landlord cannot take any physical step to remove a tenant. To initiate this stage, the landlord files Form EJ-130 (Request for Writ of Possession) with the same Superior Court that issued the judgment, attaches a certified copy of the judgment, and pays the statutory fee, generally $40–$50.

Once processed, the court clerk issues a signed writ identifying the case number, property address, judgment date, and parties. The landlord then delivers the writ—often in person or by electronic submission—to the Sheriff’s Civil Division in the county where the property is located. Each sheriff’s office follows its own intake schedule and fee structure (typically $145–$175). Many require an accompanying “Civil Instruction Sheet” that specifies exactly whom to evict and includes contact information for the landlord or agent.

Timeliness is essential: the writ remains valid for 180 days from issuance. If enforcement is delayed beyond that period, the landlord must request re-issuance. Failure to act can nullify the order and force refiling. LegalAtoms automates this countdown, sending reminders 30 days before expiration and generating re-issuance forms if needed.

Landlords must never serve or post the writ themselves. Only sworn deputies may execute it. The sheriff will review it for accuracy, verify that no stay or appeal is pending, and then schedule the next phase—posting of the Five-Day Notice to Vacate. By ensuring this process is clerically flawless, the landlord avoids procedural delays and guarantees lawful enforcement of possession rights.

Step 5: Sheriff’s Five-Day Notice to Vacate

After accepting the writ, the sheriff’s office posts a Five-Day Notice to Vacate at the rental property. This notice is the tenant’s final opportunity to leave voluntarily before physical removal. It specifies the court case number, date of posting, property address, and explicit warning that deputies will return to evict after five calendar days if occupants remain. This document fulfills California’s constitutional due-process requirement that every occupant receive final notice before dispossession.

During this window, tenants may:

  • Move out voluntarily and surrender the keys.
  • Negotiate extra time with the landlord (which must be written and reported to the sheriff).
  • File a Stay of Eviction (UD-150) citing hardship; if granted, the court notifies the sheriff to delay enforcement up to 40 days.

Landlords must avoid all contact that could be interpreted as intimidation or “self-help.” They may not change locks, remove belongings, or shut off utilities during this period. Violations of Civil Code § 789.3 can trigger statutory penalties of $100 per day plus actual damages and attorney fees.

Sheriff’s offices vary in how they count the five days—some exclude weekends, others count consecutive calendar days—so landlords should confirm the local rule. LegalAtoms maintains a county-specific table for precise scheduling. The platform also sends automated alerts to both parties on the morning the notice expires, minimizing confusion about timing.

This step protects fairness: tenants get predictable notice; landlords get assurance that enforcement will occur peacefully and with official oversight. By observing the five-day notice strictly, the eviction proceeds under the rule of law rather than confrontation.

Step 6: Physical Lockout and Possession Transfer

If the tenant does not vacate within the five-day window, the sheriff schedules and performs the physical lockout. On that day, deputies meet the landlord or representative at the property, confirm the occupants, and direct everyone to leave. The sheriff then returns possession to the landlord and documents completion of the writ by filing a “Return of Possession” with the court.

The landlord must bring a locksmith to change the locks immediately after the deputy clears the unit. Deputies will not wait for long delays or perform mechanical work themselves. Once the locks are changed, the landlord should inspect and photograph the premises to document condition and note any abandoned property.

At this stage, emotions can run high. Deputies are trained to de-escalate situations, but landlords must remain calm and refrain from conversation beyond logistical coordination. Any resistance by the tenant can lead to criminal trespass or contempt charges, but landlords must let deputies handle enforcement completely.

After lockout, the sheriff files proof of enforcement with the court, closing the possession portion of the case. The landlord can now legally re-rent, repair, or remodel the property. Tenants who return without permission may be arrested for unlawful entry.

LegalAtoms assists by producing a “Lockout Checklist” — confirming locksmith booking, inventory forms, and compliance with property-return statutes. It also synchronizes sheriff status updates (where counties provide API feeds) to alert landlords when possession is officially restored.

This step, although final in physical terms, represents the law’s commitment to peaceful enforcement—ensuring that evictions end with order, documentation, and legal clarity rather than confrontation.

Step 7: Handling Tenant Belongings After Eviction

California law strictly regulates how landlords must treat personal property left behind after an eviction. Under Civil Code §§ 1983 – 1991, the landlord must store or dispose of these items following written notice to the tenant. Immediately discarding property can expose the landlord to damages far exceeding the value of the items themselves.

Within 15 days of lockout (18 if notice mailed), the landlord must send a “Notice of Right to Reclaim Abandoned Property” to the tenant’s last known address and any forwarding address on file. This notice describes the items, storage location, and deadline to retrieve them (typically 15 days after mailing). If the tenant responds and pays reasonable storage costs, the landlord must return the property without delay.

If the tenant does not respond by the deadline, the landlord may dispose of the property. If its estimated value exceeds $700 (after 2024 statutory adjustment), it must be sold at public auction with 10-day notice published in a local newspaper. Proceeds after expenses must be held for the tenant for at least 30 days before escheating to the county.

Handling belongings correctly demonstrates professionalism and reduces litigation risk. Many tenants file lawsuits not over the eviction itself but over discarded belongings. LegalAtoms automatically produces the required notices and deadlines, ensuring the landlord meets Civil Code requirements exactly and maintains audit-ready records.

This final stage symbolizes closure in both practical and ethical terms — the law requires that people be treated with respect even as property rights are enforced. By storing items properly and giving adequate notice, landlords fulfill their duty to fairness and uphold California’s balanced housing justice standards.

Step 8: Collecting Unpaid Rent or Damages After Eviction

Once a landlord regains possession of the rental property, the eviction case may continue into the post-judgment phase of debt collection. The court’s judgment often includes unpaid rent, late fees, or property damage costs owed by the tenant. However, a judgment is not automatically paid — it must be actively enforced through one of several legal mechanisms authorized under California Code of Civil Procedure §§ 685.010 – 685.220.

The most common method is filing a Writ of Execution (Form EJ-130) to collect monetary amounts. This allows the sheriff to seize funds from a tenant’s bank account or garnish wages. The landlord must identify where the tenant works or banks, which can be obtained from prior applications, checks, or credit reports. Once the writ is issued, the sheriff serves it on the employer or financial institution, and payments begin within 10 to 30 days.

Another option is recording an Abstract of Judgment (Form EJ-001) with the county recorder. This creates a lien against any real property the tenant owns within that county. If the tenant later sells or refinances, the debt is automatically deducted from proceeds and remitted to the landlord. This lien remains valid for 10 years and can be renewed.

If the amount owed is small (typically under $7,500), some landlords choose small claims enforcement instead of full civil collection. For larger debts, professional collection agencies may handle the process under contingency arrangements, though they take a percentage of recovered funds.

LegalAtoms simplifies post-judgment recovery by guiding users through the required sequence: verifying the judgment, filing the writ or abstract, calculating accrued interest, and generating legally compliant forms. It also notifies tenants automatically when enforcement begins, minimizing confusion or surprise.

This step underscores that an eviction judgment is not simply about possession—it’s also a financial resolution mechanism. Properly pursued, it balances restitution with accountability, helping landlords recover their losses through lawful, transparent means.

Step 9: Filing Satisfaction of Judgment and Record Updates

After a tenant satisfies the money judgment or settlement, the landlord must formally acknowledge payment by filing an Acknowledgment of Satisfaction of Judgment (Form EJ-100). This document notifies the court and public record that the debt has been paid in full or partially satisfied. Failing to file this form within 15 days of full payment can lead to fines under California Code of Civil Procedure § 724.020 and potential liability to the tenant.

Filing satisfaction serves several key purposes. It closes the case on the court’s docket, updates credit reporting agencies through court databases, and allows the tenant to clear any related rental-screening or credit barriers. For landlords, it signals administrative closure and prevents duplicate enforcement attempts that might later be challenged.

In cases of partial payment or settlement, landlords can file a Partial Satisfaction of Judgment, clarifying the amount still owed. Transparency here is critical to maintaining ethical standards and protecting against post-litigation disputes.

LegalAtoms integrates this step by automatically generating an EJ-100 once payments are recorded or settlement data entered. The system checks for county-specific submission requirements (some counties now require e-filing) and issues automated reminders to prevent late filing penalties.

From a broader justice standpoint, satisfaction filings represent closure. They demonstrate accountability on both sides — tenants fulfill obligations; landlords confirm completion. This creates a public record of fairness and compliance that strengthens trust in California’s civil court system.

Step 10: Preventing Future Eviction Issues

The post-judgment period provides valuable lessons for both landlords and tenants. Avoiding future eviction disputes requires understanding the root causes of the conflict and applying preventive practices. For landlords, this begins with clear leases, consistent communication, and documented notices. For tenants, it means understanding rights, maintaining open dialogue, and responding promptly to notices.

Landlords should:

  • Screen tenants using lawful criteria (no discrimination based on protected classes per the Fair Employment and Housing Act).
  • Use written rental agreements that specify rent due dates, grace periods, and repair responsibilities.
  • Maintain properties promptly to avoid habitability disputes under Civil Code §1941.
  • Offer written payment plans when possible to prevent defaults from escalating into eviction filings.

Tenants can prevent eviction by maintaining communication when financial hardship arises. California now offers programs like the State Rental Assistance Program (SRAP) and county-level hardship relief options. Tenants should also know they can request mediation through local housing authorities before matters reach court.

LegalAtoms helps both parties by embedding preventive workflows: automated rent reminders, maintenance request logs, and early dispute resolution tools. By using these digital safeguards, both sides minimize human error and emotional escalation that often lead to eviction.

Step 10 symbolizes the system’s return to balance. Every eviction judgment, properly handled, teaches the value of prevention — ensuring that future housing relationships begin with clarity rather than conflict.

Costs and Time Required After Eviction Judgment

Typical post-judgment costs include:

  • Writ of Possession filing fee: $40–$50
  • Sheriff enforcement fee: $145–$175
  • Abandoned property storage or auction costs: variable, often $200–$400
  • Abstract of Judgment recording fee: $40–$60

Timeframes vary by county but generally range between 10 to 25 days from judgment to physical possession when uncontested. Adding appeal or stay motions can extend timelines by several weeks. Collection processes, such as wage garnishment, may continue for months until full satisfaction.

Limitations and Risks

  • Evictions cannot proceed without a valid writ and sheriff enforcement.
  • Landlords who use self-help risk civil and criminal penalties.
  • Improper notice handling or property disposal can result in lawsuits or reversal of judgment.
  • Tenants who appeal or declare bankruptcy may trigger automatic stays that delay enforcement indefinitely.

Diligent adherence to California’s procedural standards mitigates these risks. LegalAtoms ensures compliance through automation, audit trails, and alerts that align with local court practices.

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