Step 9: After the Lockout
Provided below is some general information regarding the rights and responsibilities of owners, landlords, and property managers who are in the final stages of the eviction process.
The landlord must store any property left behind by the tenant for a period of fifteen (15) days. Any perishables or obvious trash may be disposed of immediately. At the end of fifteen (15) days, the property must be disposed of in accordance with Civil Code 1980 through 1991.
The landlord cannot hold the property for back rent, but may charge reasonable storage fees and may hold the property until the storage is paid. The storage charge begins at mid- night the day the tenants vacate the property or the day the eviction is completed, whichever occurs first. This is not a mandatory charge and is the landlord’s decision.
The landlord does not have to leave the tenant’s property in the residence. He may move it to any secured area for storage. He may, if he so chooses, have a moving company come in and move the property to storage and require the tenant to pay all reasonable moving and storage costs before releasing the property to the tenant. Vehicles and pets should be considered personal property and can be removed.
The landlord may change the locks at the time the eviction is completed. This is recommended so the landlord can maintain control of the premises. Once the eviction is completed, any reentry of the premises by the tenant must be with the permission of the landlord or his agent only.
The landlord or his agent must be available between the hours of 8:00 am and 5:00 pm, Monday through Friday, to allow the tenant access to his property. The landlord must provide a number to the tenant where he or his agent can be reached during these hours. This time element is set by the court. Other times may be set if convenient and agreeable to both the landlord and the tenant.
If the tenant enters the property without permission or refuses to leave after being given permission to enter the premises for the purpose of moving, the landlord should call the local police and the tenant can be arrested for violation for either 602.5 Penal Code (unauthorized entering or remaining in non-commercial dwelling house) or 419 Penal Code (re-entry on land after legal ouster). Both charges are misdemeanors for which the local Police Department can be called. It is no longer a Civil problem, and the Sheriff’s Civil Section will not enforce.
The signed receipt is your proof that the eviction has been completed.