An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order for Writ of Possession, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. USLF control no. CA-CD-120
A writ of possession is a court order that allows a landlord to regain control and possession of a property from a tenant who has failed to comply with the terms of a lease or rental agreement. In the state of California, a writ of possession can be issued by the court to enforce the eviction of a tenant who has been legally determined to be in breach of their lease obligations. The process typically begins with the landlord serving the tenant with a notice to quit or a notice to pay rent or quit, giving the tenant a specified period of time to rectify the situation or vacate the premises. If the tenant fails to comply with the notice, the landlord can then file an unlawful detained lawsuit in the appropriate California court. If successful, the court may issue a judgment in favor of the landlord and grant a writ of possession. This writ grants the landlord the right to take physical possession of the property and remove the tenant from the premises. In addition to the general writ of possession, there are two specific types in California: 1. Writ of possession — Personal Property: This type of writ of possession is used when the tenant has personal property (such as belongings or vehicles) on the premises that need to be removed. It allows the landlord, with proper law enforcement assistance, to seize and store the tenant's personal property until it can be lawfully disposed of or returned to the tenant. 2. Writ of possession — Real Property: This type of writ of possession is typically used when the tenant has abandoned or failed to vacate the rental property after the court-ordered eviction. It gives the landlord the authority to physically remove the tenant and regain control of the property. It is important to note that the landlord must follow the proper legal procedures and obtain a court order to execute a writ of possession in California. The process can vary depending on the specific county or jurisdiction, so it is essential to consult with an attorney or legal professional to ensure compliance with local laws and regulations. Overall, a writ of possession in California is a legal mechanism that enables landlords to lawfully regain possession of their property if a tenant has failed to comply with the terms of their lease or rental agreement.