Q: If I was denied writ of possession due to court absence from having covid can sheriff lock me out without prior notice.?

A: If you were denied a writ of possession due to court absence from having COVID, the sheriff should not be able to lock you out without prior notice. A writ of possession is a court order that gives the landlord the right to physically remove the tenant from the property. If you were denied a writ of possession, this means that the court did not authorize the landlord to remove you from the property.

Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice.

A: In California, if you were absent from court due to illness like COVID-19 and a writ of possession was denied or delayed, it's critical to inform the court immediately of your situation. California law generally requires that a tenant be given notice before a sheriff executes a lockout. If the sheriff locked you out without showing the necessary paperwork, this could potentially be a violation of your rights. You should notify the court of the lockout without proper notice and may also consider consulting with an attorney to determine if the lockout was lawful and what remedies may be available to you, such as setting aside a judgment under California Code of Civil Procedure § 473(b). It is important to act promptly in these situations as the timelines are often very tight.

A: In California, if a writ of possession was denied and you were subsequently locked out without notice, this could constitute improper procedure. Generally, the sheriff must serve a notice to vacate before executing a lockout. You should challenge the lockout by filing an emergency motion with the court, explaining your absence due to illness and the lack of notice or proper service. It's important to gather any evidence of your illness during the court date and lack of service to support your case. You might also consider reaching out to a local tenants' rights organization for assistance. Quick action is crucial since your rights to possession of the apartment might be at risk.