Retaliatory Eviction eviction and retaliation

[cbrenenstahl]

we won the eviction he has until July 2nd 2014 to get out. now he is retaliating he threatened my husband the washer and dryer is in the room that he was renting and now he won't let me use my own washer and dryer how can I get him out sooner

 

[Proserpina]

You've given us no details hon - can you tell us what happened that brought you to this point?

Help us help you

 

[army judge]

we won the eviction he has until July 2nd 2014 to get out. now he is retaliating he threatened my husband the washer and dryer is in the room that he was renting and now he won't let me use my own washer and dryer how can I get him out sooner

He has a few days after the eviction to leave.
The tenant normally has to be gone within 5 days.
Unless he becomes VIOLENT, that 5 days can't be changed.

In an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant's filing fees). The landlord also may have to pay the tenant's attorney's fees, if the rental agreement contains an attorney's fee clause and if the tenant was represented by an attorney.

If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.

The court also may award the landlord any unpaid rent if the eviction is based on the tenant's failure to pay rent. The court also may award the landlord damages, court costs, and attorney's fees (if the rental agreement or lease contains an attorney's fee clause and if the landlord was represented by an attorney). If the court finds that the tenant acted maliciously in not giving up the rental unit, the court also may award the landlord up to $600 as a penalty. The judgment against the tenant will be reported on the tenant's credit report for seven years.

http://www.dca.ca.gov/publications/landlordbook/evictions.shtml