After an eviction, is a landlord allowed to sell my personal property?

UPDATED: Jan 17, 2011

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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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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