California Tenant Question Library
What Is a Sheriff's Notice to Vacate?
Short answer
It's one of the last steps in an eviction — a notice posted by the sheriff after the landlord has already won a judgment for possession, giving you a few days before a lockout. It is not the same as the landlord's earlier notices.
A sheriff's notice to vacate comes only after the landlord has filed an unlawful detainer, won a judgment for possession, and obtained a writ of possession from the court.
After receiving the writ, the sheriff typically posts a notice to vacate before returning to carry out the lockout — though the exact timing and local practice can vary by county. Only the sheriff can remove you; the landlord still cannot do it themselves. Even at this late stage, some tenants ask the court for more time, or for a stay of the lockout, in certain circumstances — though that isn't automatic and is very time-sensitive.
A Few Things Worth Knowing
- This notice comes after a judgment for possession and a writ of possession — much later than a pay-or-quit or a 30/60-day notice.
- Only the sheriff can perform a lockout; a landlord doing it themselves is illegal.
- Requests for more time or a stay may be possible but are time-sensitive and not guaranteed.
The Tool for This Stage
Understand Your Options at This Stage
The California Tenant Rapid Defense System covers post-judgment steps, including asking the court for a stay.