Eviction Process Clarification
Summary
A writ of possession is a court order allowing a landlord to reclaim property from a tenant. In California, tenants have 5 days to vacate after issuance. If a stipulation was signed and you complied, the writ might not affect you. Consult a local attorney for specific advice.Full Conversation
tenant
It seems you're facing eviction as a tenant. Could you specify your location, please? Laws regarding eviction differ from place to place.
sanger california
Thank you for the information. Here's what you need to know:
- In California, a writ of possession is issued after a landlord wins an eviction lawsuit.
- You have 5 days after the writ is issued to vacate the premises.
- If you stay beyond this, the sheriff can forcibly remove you.
For more help, consider contacting a local attorney or legal aid service.
- In California, a writ of possession is issued after a landlord wins an eviction lawsuit.
- You have 5 days after the writ is issued to vacate the premises.
- If you stay beyond this, the sheriff can forcibly remove you.
For more help, consider contacting a local attorney or legal aid service.
he didn’t win thought we signed a stipulation
I see. A stipulation might change the situation. Here are some points:
- If a stipulation is signed, it should prevent eviction if you comply with its terms.
- If you believe the landlord didn't win, you may contest the writ.
- You should contact a local attorney immediately to review your stipulation and guide you.
- If a stipulation is signed, it should prevent eviction if you comply with its terms.
- If you believe the landlord didn't win, you may contest the writ.
- You should contact a local attorney immediately to review your stipulation and guide you.
why was a writ of possession filed then if we signed a stipulation to be out by april * and where already out
The writ of possession might have been filed due to a misunderstanding, or the landlord may not have been aware that you had already vacated. It's recommended to contact your landlord or a lawyer to clarify this situation.
what does a writ of possesion do
A writ of possession is a court order that gives the landlord the right to take possession of a property from a tenant due to reasons like non-payment of rent or violation of lease terms. In California, it's typically enforced by the sheriff.
so will that affect us will it show that the eviction went through and it’ll be on our record?
Yes, an eviction can appear on your credit report and rental history. It might make it difficult for you to rent in the future. However, if the eviction proceeding was not completed due to the stipulation, it might not appear on your records.
yeah we signed a stipulation but i’m talking about the writ of possesion
If the writ of possession was issued but not enforced because you vacated the property, it's possible it won't appear in your records. It's best to consult with a local attorney to understand the specific implications in your case.
i vacated days ago so that letter won’t affect me right?
If you've already vacated, the writ of possession may not affect you directly. However, it could still appear on your records. It's recommended to consult with a local attorney to understand your specific situation better.
what do you mean it’ll appear on our records
When I say it'll appear on your records, I mean the writ of possession could potentially be included in your rental history or credit report. This could potentially impact future rental applications. Consulting with a local attorney can provide more specific advice.
we were suppose to en out on april * and we asked the landlord for 3 days extra and we stayed till april * and we vacated that day
If you've honored the stipulation and vacated on time, the writ of possession should not impact you. However, it's best to consult a local attorney to confirm this and understand any potential implications.