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Oct
30
Eviction Lockout Notice in Los Angeles County: What You Need to Know as a Landlord

As a landlord, you may encounter scenarios where tenants violate their lease, fail to meet rent obligations, or cause damage to your property, leading to the need for eviction. This process involves several legal steps, including serving an eviction lockout notice and a final warning for tenants before forcible removal by the sheriff.

Here is everything you need to know about an eviction lockout notice in Los Angeles County.

Understanding the Eviction Lockout Notice

An eviction lockout notice, issued by the Los Angeles County Sheriff’s Department, applies once you obtain a court-issued writ of possession after winning an unlawful detainer lawsuit against the tenant.

An unlawful detainer lawsuit is initiated against tenants who breach their lease, fail to pay rent, or damage the property. The process involves specific steps like giving notice, filing a complaint, serving a summons, and waiting for the tenant’s response. If the tenant doesn’t respond or loses the case, you can secure a judgment in your favor, allowing you to obtain a writ of possession.

The eviction lockout notice, also known as a “five-day notice to vacate,” provides the tenant with five days to leave the property, or they will face physical removal by the sheriff. It specifies the lockout date and time, typically on a weekday between 6 a.m. and 2 p.m.

When Can You Use an Eviction Lockout Notice?

You can serve an eviction lockout notice in Los Angeles County only after obtaining a writ of possession and delivering it to the sheriff’s department along with the required fee, which varies based on property size and tenants.

Moreover, you can’t use an eviction lockout notice before getting a writ of possession or if the tenant has voluntarily left or filed a motion to stay or vacate the judgment. Such a motion allows tenants to halt or reverse eviction on valid grounds like errors, fraud, hardship, or new evidence, subject to the court’s decision.

Serving an Eviction Lockout Notice

The eviction lockout notice can only be served by the sheriff. They schedule the lockout date and time, post the notice on the tenant’s door at least five days before, and send a certified mail copy to the tenant. As a landlord, refrain from entering the property or interfering with the sheriff’s actions to avoid legal liabilities.

Post Eviction Lockout Notice Actions

After serving the notice, wait for the sheriff to execute the lockout. Do not interfere. Be ready to provide proof of ownership and identification upon the sheriff’s request.

If the tenant leaves by lockout, inspect the property for damaged or missing items, documenting them with photos and receipts. Change locks and secure the property.

If the tenant remains, the sheriff will forcibly remove them and their belongings, changing locks and providing you with keys. You gain full property possession, ready for a new tenant. Tenant belongings are stored for 15 days. If unclaimed, the sheriff disposes of them.

Conclusion

Eviction can be complex for both landlords and tenants. As a landlord in Los Angeles County, adhering to legal requirements is essential during eviction. Serving an eviction lockout notice in Los Angeles County, issued by the sheriff after obtaining a writ of possession, gives the tenant five days to avoid forced eviction.

For more information or assistance, consider consulting Guard Dogs Secure.