If a tenant moved after conclusion of an unlawful detainer case, do I need a writ of possession to reclaim possession?

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?

Asked on July 14, 2012 under Real Estate Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

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.


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