Get Ca Shc-ud-04 - County Of Orange 2023-2025

Writ of Possession/Notice to Vacate (If the Landlord/Plaintiff wins the case, the Landlord/Plaintiff can obtain a writ of possession to move you out of the property. The Sheriff will post what is called a “Notice to Vacate.” You will have five days from the date the Sheriff posts the Notice to Vacate to move-out.

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.

Penal Code 396: Per California penal code 396, it is unlawful to evict a tenant during a stated emergency. PC 396 covers other restrictions during an emergency, such as price gouging, but this article is focused on the application of PC 396 as it applies to evicting a tenant during a stated emergency. Unlawful Eviction of Tenant & PC 396(f) Law and Defense Criminal Defense Lawyers https://.calcriminaldefenselawyers.com › post › unla... Criminal Defense Lawyers https://.calcriminaldefenselawyers.com › post › unla...

After hearing both sides, the judge will make a decision. If you win at trial, you don't have to move out or pay your landlord money. You still have to follow what your lease or rental agreement says and pay rent.

Common affirmative defenses in California eviction cases include lack of proper notice, uninhabitable living conditions making rent payment legally unnecessary, COVID-19 financial distress, landlord retaliation, refusal to accept payment, and discrimination. Tenant Rights and Defenses Against California Eviction Notices Martinez Law Center https://martinezlawcenter.com › tenant-rights-and-defens... Martinez Law Center https://martinezlawcenter.com › tenant-rights-and-defens...

If you think the judge didn't follow the law, you can ask for an appeal. An appeal doesn't stop the sheriff from moving you out of the house while you wait for the appeal. Talk to an attorney if you're considering an appeal.

If the judge decides you have to move The court will give the landlord a Judgment of Possession (form UD-110). This gives the landlord control (possession) of the property. Then, the landlord will fill it out and have the court clerk issue a Writ of Execution (form EJ-130). They take the Writ to the sheriff's office. What happens if you lose your eviction case - California Courts | Self Help California Courts | Self Help https://selfhelp.courts.ca.gov › eviction-tenant › lose-case California Courts | Self Help https://selfhelp.courts.ca.gov › eviction-tenant › lose-case