Q: I have a tenant being removed. They are still there. I have some questions.
They were supposed to be out 2 weeks ago, so they must be waiting on the Sheriff, who will be there soon. These people have been bad. What happens, and are there additional charges, if while we attempt entry they keep manually locking the door?
Also, if this does go down well, what can I do to get the deputies to remove them immediately, and not give them a few minutes to gather their items. I heard they may give the tenants 15 minutes. I want none of that.
A:
I understand that you are dealing with a challenging situation involving tenants who have not vacated the property despite being legally required to do so. Here is some information that may help address your questions:
1. Locking the door: If the tenants attempt to prevent the sheriff and you from entering the property by repeatedly locking the door, they may face additional charges for obstructing a law enforcement officer in the performance of their duties. This is a criminal offense and could result in fines or even arrest.
2. Immediate removal: The sheriff is responsible for enforcing the court order for eviction. While they may provide the tenants with a brief period to gather essential belongings, this is at the discretion of the sheriff and not a legal requirement. You can express your concerns to the sheriff and request that they remove the tenants as quickly as possible, given their history of problematic behavior. However, the final decision will be up to the sheriff's judgment based on the circumstances.
3. Writ of Possession: Ensure that you have a valid Writ of Possession from the court, which authorizes the sheriff to remove the tenants and restore possession of the property to you. The sheriff will act in accordance with this court order.
4. Communicate with the sheriff: Prior to the eviction date, you can reach out to the sheriff's office to discuss your concerns and provide them with any relevant information about the tenants' behavior. This may help them prepare for potential issues during the eviction process.
Remember, it is essential to follow proper legal procedures and avoid taking any actions that could be considered illegal or self-help evictions. Rely on the assistance of law enforcement and the courts to handle the situation.
If you have any further legal questions or concerns, it is always best to consult with a qualified attorney who specializes in landlord-tenant law in California.
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