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California Eviction Process FAQ Landlords must give the tenant 30 days to move out if they have lived in the unit for less than one year or have a month-to-month lease. Otherwise, 60 days' notice is required for tenants who have resided in the apartment for more than one year.

Ask for more time to move. If you lose your eviction case, you need to move out (at the latest) 5 days after the sheriff posts a Notice to Vacate on your door. If you need more time to move, you can ask the court for a stay of execution.

A tenant in California can absolutely win an unlawful detainer case if they can prove in court that there is no legal ground for the eviction or if the landlord has not followed the correct procedure for the eviction.

That's where the Sheriff's Lockout comes in. The sheriff will schedule a day to come to the property and notify the property owner. The landlord meets the sheriff at the property on the scheduled day, and the sheriff will physically remove the tenant from the property if need be.

The Sheriff will serve a 5-Day Notice to Vacate within three business days after receipt of the writ. The eviction occurs as soon as possible after the expiration of the 5-day notice. The writ of execution (possession of real property) expires 180 days after its issuance date.

Under section 49(6) of the Act, landlords are permitted to evict a tenant on two month's written notice for the purpose of completing repairs or renovations. However, not all repairs or renovations are treated equal.If a landlord does not use the prescribed form, then the eviction will likely be overturned.

Petition the court: In the county where the case was filed, you can petition the court to have the eviction expunged from your record. Win your case: If the landlord served you an eviction notice without a legal or valid basis, prove that.

If the tenant does not leave by the date and time given in the notice, then the landlord must apply for a court order within 10 days to end the tenancy. If the landlord does not apply within 10 days, the tenancy stays in place and the tenant can continue living in the property.

What can I do? If the judge gave your landlord a judgment at your initial hearing, trial, or motion hearing, there are usually two things you can do if you think the judge made a mistake: File a Motion for Reconsideration and ask the judge to change his or her own decision.

A judgment is something the court gives the prevailing party in a lawsuit. An eviction is when an occupant is required to move from a property.