After an eviction, is a landlord allowed to sell my personal property?
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After an eviction, is a landlord allowed to sell my personal property?
Asked on January 17, 2011 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If a judgment is entered against you and becomes final and you remain on the premises, the court will issue something called a "writ of possession" to the landlord. The landlord can then deliver the writ (a legal document) to the sheriff. The sheriff will serve notice of the writ to you and you will be given 5 days to move. If you do not the sheriff can then forcibly evict you (and the landlord can charge you for any costs that it paid the sheriff to do this).
If your belongings are still in the rental unit, the sheriff may either remove them or have them stored by the landlord (and you can be charged reasonable storage fees). The landlord will mail you a notice to pick them up but if you do not claim your belongings within 18 days, the landlord can then either sell them at auction or keep them (if their value is less than $300).
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