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What happens if a tenant does not move out after he or she loses the court case?

If the case goes to trial and the judge or jury decides that the landlord is correct (that the tenant is in the rental unit unlawfully) then the tenant must move out of the property.

If the tenant knows about the judgment and still does not move out, the landlord may proceed to ask the Sheriff to physically evict the tenant.

To do this:

• The landlord is to prepare and submit to the court a "Writ of Possession" (form CD-130) that directs the Sheriff to enforce the judgment made by the court.
• The court clerk will issue the writ and return the documents to the landlord.
• The landlord is to take the original and 3 copies of the "Writ of Possession" to the Sheriff's office.

The Sheriff then gives the tenant a notice to vacate within 5 days (by either personal service or posting the notice on the property and mailing it to the tenant). If the tenant does not leave within that time, the Sheriff will physically remove him or her. The landlord should be ready with a locksmith to change the locks on the rental unit.

The cost of having the Sheriff evict the tenant will be added to the money judgment, which the landlord can seek to collect from the tenant.

The landlord should file a "Memorandum of Accrued Costs After Judgment" (form MC-012) to have this cost added. A copy of this memorandum is to be mailed to the tenant, and a proof of service by mail filed with the court.

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Last modified: 03/17/2008

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