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Can the landlord ever physically throw out or lock out a tenant without going to court?

No, the landlord cannot evict a tenant on his or her own—to do so is against the law. Only the sheriff can actually remove someone from their rental unit, and only after a court signs an order allowing the sheriff to do so. That is why a landlord must file an unlawful detainer lawsuit if the tenant refuses to leave when the tenancy ends. After filing the lawsuit, the landlord must first win the unlawful detainer case, then get the court to issue a "judgment for possession." After the judgment has been issued the landlord can get a "writ of possession" from the court to give to the sheriff who serves the tenant with the notice and a date (within 5 days) that the tenant has to move out. But only the sheriff can physically remove the tenant from the rental unit.

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Last modified: 03/17/2008

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