If a tenant is found guilty, the court will issue a writ of possession. A writ of possession grants a landlord the ability to evict the tenant and orders a guilty tenant to vacate the property. A tenant has five days to vacate the premises after a writ of possession is issued. If a tenant fails to do so, local law enforcement may be called in to remove the tenant. Local law enforcement also has the right to seize a tenant’s personal property. If a landlord is forced to go to such lengths to evict a tenant, a judgment will be placed on the tenant’s credit.
Case Law As It Relates to Writ of Possession
Case Review: Gross v. Superior Court (1985)
The case, Gross v. Superior Court (1985) 171 Cal.3d 265., involved a dispute over the eviction of a tenant in a rent-controlled unit.
A tenant (Gross) signed a one-year lease in a rent-controlled apartment. Shortly after, the property went into foreclosure. After the foreclosure, the property’s beneficiary filed an unlawful detainer lawsuit against Gross in order to evict him. The City of San Francisco issued a writ of possession that required Gross to vacate the premises within three days. Gross sued.
Gross contended that there were no grounds on which to subject him to eviction under the Rent Stabilization Act. The Court of Appeals argued that a new beneficiary of a rent-controlled property cannot evict a tenant without reason. It ruled in favor of Gross.
