How long to I have to vacate in an unlawful detainer action?
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How long to I have to vacate in an unlawful detainer action?
I was served unlawful detainer papers. I filed a response with the court. I have a trial on 08/26. If judgment is granted to landlord how long does it take for court to issue writ of possession? Do I have to vacate immediately?
Asked on August 18, 2010 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
An unlawful detainer action is an accelerated proceeding brought by a landlord to take back possession of the leased premises. What will happen if you lose is that you will receive a notice from the Sheriff within a few days after the trial (the Sheriff is the only person that can physically evict you) telling you to vacate within 5 days. If you can not leave then you have to file for a "stay of Execution" of the judgement BEFORE the date on the notice. It is very important that you do it before the date,. The Judge will not consider the Stay on the notice date. There are strict procedures for calling the landlord or there attorney, filling out the proper paperwork and filing it with the court. If you lose and you will need more time I would suggest that you walk yourself over to the clerk's office immediately and ask for help by at least getting the paperwork and any booklets they have to give you guidance if you can not afford an attorney. You could get up to 40 extra days to vacate. Good luck.
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