Evictions
An eviction by the Sheriff is the final step in the Unlawful Detainer process. An eviction is also referred to as a “lockout” or “restoration”. The Sheriff will only perform this service after the Santa Clara County Superior Court reviews the evidence presented and issues a Judgment and Writ of Possession for Real Property. Whether you are a Tenant or Landlord, the Sheriff’s Office will remain neutral with respect to the legal rulings of the Court, the rights of the parties involved, and requirements of the process. Please use the links below for more information.
Information for Tenants
Landlords are persons or businesses with a legal right to allow the use and possession of their real property by a Tenant. (This can include certain forms of personal property that can be used as dwellings.) A Tenant’s possession of the property is usually established with a lease, contract or other agreement with the Landlord. If the agreement for possession ends, or the Tenant violates the agreement, the Landlord can request the Tenant vacate the property and return use and possession to the Landlord. If a Tenant fails to vacate and return the property, the Landlord can initiate a legal action known as an Unlawful Detainer.
An Unlawful Detainer is an eviction lawsuit filed in the Santa Clara County Superior Court. The purpose of an Unlawful Detainer action is to provide an unbiased Judicial review of evidence presented, rights and responsibilities of involved parties, and applicable laws. Once this is completed, the Court will issue a Judgment in favor of the Tenant or the Landlord. During the Unlawful Detainer process, the Tenant is commonly referred to as the Defendant, while the landlord is called the Plaintiff.
NOTE: Do not dismiss documents served on you, addressed to you, or reference property you occupy. The Unlawful Detainer process is a summary court proceeding with strict timelines and requirements. You may be required to take action to protect and/or assert your rights.
If the Landlord is not successful in court, the Tenant may continue to possess the property in question. However, the Landlord may appeal the Court’s decision or file a new Unlawful Detainer action.
If the Landlord is successful in court and granted a Judgment for Possession, they may request a Writ of Possession. At this point, the Tenant is referred to as a Judgment Debtor and the Landlord as the Judgment Creditor. If the Tenant still fails to vacate and return the property, the Landlord can ask the Sheriff to enforce the Writ of Possession.
Sheriff's Action
If the Landlord requests the Sheriff’s assistance in enforcing a Judgment for Possession, a Sheriff’s Office representative will post a NOTICE TO VACATE at the property. This is sometimes called a 5 Day Notice. This notice will include a copy of the Writ of Possession, an order to vacate the property, and instructions to claim a right of possession, if applicable. The NOTICE TO VACATE will indicate a time and date after which the Sheriff may arrive to enforce the Writ and restore possession of the property to the Landlord (Judgment Creditor). This may be referred to as an Eviction, lockout, or restoration.
Note: When the Sheriff arrives to restore possession of the property to the Landlord, the Tenant (Judgment Debtor) will be locked out of the property and legally barred from re-entering without permission of the Landlord. The Tenant (Judgment Debtor) may be responsible for any costs incurred between the time of the Judgment and the time of the lockout.
The Sheriff’s Office is limited to the actions included in the Writ and cannot provide legal advice to the parties. Because this is a legal process, we recommend seeking such advice from an appropriate authority. Some resources are available and linked below.
Requesting Sheriff's assistance
To request the Sheriff’s assistance in enforcing a Judgment for Possession, the landlord must deliver the following to the Sheriff’s Civil Unit:
A Request for Sheriff to Serve Court Papers for each person to be served.
Special Instructions for Writs attachment with specific information as to the property.
The original Writ of Possession (EJ-130) and three copies.
Sheriff’s fees of $180.00.
Once the Sheriff’s Office receives the appropriate documents and fees, a Sheriff’s representative will serve the Tenant with a NOTICE TO VACATE. This is sometimes called a 5 Day Notice. The Sheriff will notify the Landlord when they can schedule enforcement of the Writ and restore possession of the property to the Landlord (Judgment Creditor). This may be referred to as an Eviction, lockout, or restoration.
The Sheriff’s Office is limited to the actions included in the Writ and cannot provide legal advice. Because this is a legal process, we recommend seeking advice from an attorney or other authority. Outside resources are available and some are linked below.