Sacramento, CA asked in Landlord - Tenant and Legal Malpractice for California

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

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.