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Can my landlord evict my roommate immediately after a default judgement entered against him?

Sacramento, CA |

A default judgement was entered against my roommate but because of a stipulated agreement has been signed by me with a departure date of February 24th by 4:00pm my roommate still lives here with me. Can my land lord call the police and have my roommate physically removed at will before February 24th?I responded to the unlawful detainer for both of us because we signed a joint rental agreement not a separate one.

Attorney Answers 2


It is impossible to know the rights and liabilities of the roommate without first reviewing the lease and the unlawful detainer action which includes the agreement that you have signed to delay the lockout until February 24, 2014. It would be disadvantageous to give advice without first reviewing these documents because the effect of giving bad advice can result in the roommate being arrested if the sheriff has locked out the roommate from the premises.

This response is not intended, nor should it be construed as legal advice. Any information provided is for educational purposes only. The exchange of communications through and similar social media does not establish an attorney-client relationship with me or my office.

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Your message is a little confusing procedurally speaking. It sounds like you and your roommate are defendants in an unlawful detainer action. The roommate didn't answer and consequently has his/her default taken. You, on the other hand, entered into some sort of stipulation to vacate the premises on or before February 24th. If that is the case, then the landlord could theoretically get a writ of possession against your roommate. Whether a sheriff could/would lock out the roommate prior to February 24th depends on when the default was taken and how diligent your landlord or his attorney is. In any event, it sounds like you have made an agreement with the landlord for your part.

No attorney-client or confidential relationship is created through this communication. Answers to questions are for educational purposes only. You may not rely on this communication as legal opinion. Rather, it is a very broad overview of general legal principals. All facts and circumstances have not been fully examined and different or more nuanced legal principles may apply. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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1 comment

Richard Anthony Nyznyk

Richard Anthony Nyznyk


practically speaking, if a landlord DID try to lock your roommate out BEFORE your move out date - by the Sheriff's execution of a writ against your roommate - he's be wasting his money because your roommate could move back in with you afterwards (unless you've agreed not to let him...) and landlord would have to re-evict him with a new writ...

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