Q: If I was denied writ of possession due to court absence from having covid can sheriff lock me out without prior notice.?
I have resided at apt since Dec 2021 the leasee passed away March 30,2022 I have resided there since then until yesterday when I was locked out. The sheriff did not show paperwork when I was locked out
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.
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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.
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