If a tenant moved after conclusion of an unlawful detainer case, do I need a writ of possession to reclaim possession?
Question Details: I received a judgment in an unlawful detainer case. However, at trial the defendant/tenant said she'd moved from the property. Do I need to have the sheriff execute a writ of possession or can I simply enter and reclaim possession since she's moved?
Cameron Norris, Esq. / Law Office Of Gary W. Norris
Answered 8 months ago
This attorney is licensed in California
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If she is on record that she would move (she stipulated she would leave the premises) then there is no writ of possession needed. You can treat the lease as abandoned and re-enter the premises.
Best of luck.
