Van Nuys, CA asked in Landlord - Tenant for California

Q: If after a sheriff lock out the manager decides to let me stay another month, is the lock out still enforced by a sherif

Or any police officer. Or does the landlord have to start the eviction process over again?

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, once a sheriff lockout occurs, it means a court order for eviction has been fully executed. If the landlord decides to let you stay another month after this point, the immediate enforcement of the lockout by the sheriff or any police officer is halted because the landlord is effectively allowing you to remain on the property. However, this does not erase the eviction process or its results; it merely pauses the physical removal.

Should the landlord agree to let you stay longer, it's important to get this agreement in writing. This document should outline the terms of your continued stay, including the duration and any rent to be paid. This agreement serves as a temporary reprieve and does not constitute a reset of the eviction process. Without a formal agreement, you may not have proof of the landlord's change of heart, leaving you vulnerable to sudden enforcement of the original lockout order.

If problems arise later or if the landlord changes their mind again, they do not need to start the eviction process from scratch as long as the original eviction order's validity period has not expired. However, for any new reasons for eviction unrelated to the original cause, the landlord would need to initiate a new eviction process. Always seek legal advice in such situations to understand your rights and obligations fully and to ensure that any agreement made with the landlord is legally sound and enforceable.

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