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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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Got judgement to a tenant who did not pay rent months,

Customer Question

got judgement to a tenant who did not pay rent for 2 months, judgement of about 2,000 made against him, but he refused to move out on the 20th of August 2015, I am receiving no rent and utilities which is on my name. Can I change the lock, and let him not in the house?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

You cannot use "self help" measures (you cannot change locks, cut off utilities, etc.).

With your money judgment, did you also get a judgment for possession?

  • If so, then you need to have the court clerk issue you a "writ of eviction" and take that document to your county sheriff or constable (contact them ahead of time as they will also need some additional documents, you only want to have to make one trip). The sheriff will then set a date to perform a "forcible eviction" where they will appear, and you will pay for movers to show up and remove all of the tenant's possessions from the unit and place them on the curb. The tenant will then be prohibited from returning to the unit, and you can change the locks.
  • If you did not get a judgment for possession, you will have to file a new court case for an "unlawful detainer" and then get your judgment of possession, writ of eviction, and then have your sheriff perform the eviction as above.

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