Real Estate Law (esp. Landlord-Tenant)/Back rent


My niece was forcibly evicted from her apartment by her fiance. The fiance has quit paying rent and has received an eviction notice by the landlord. He refuses to move out. My question is how long does he have in California before the sheriff comes and forcibly removes him and is my niece responsible for all this back rent. Both individuals are on the lease. Thank you in advance for any knowledge you can shed on this. Paul

If they are both on the lease, then they are probably both responsible for the rent obligations. How fast the sheriff will come depends on how fast the landlord moves, and how much of a backlog the sheriff has. The landlord will need to get a judgment for possession of the property first. Then, the sheriff can come and do the lockout.

Thanks for your question.

David Piotrowski
Attorney at Law

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Real Estate Law (esp. Landlord-Tenant)

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David Piotrowski, Esq.


My landlord/tenant practice primarily assists California landlords with all aspects of the landlord/tenant relationship including leases, contract violations, non-payment of rent, and evictions. I can also advise, on a more general level, other real property issues.


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Juris Doctor (JD) and Member of the State Bar. Attorney.

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