- Real Estate Investor
- Oakland, CA
- Votes |
Eviction Process HELP! Stage: Writ of Possession
I went through an entire eviction process where the tenant did not answer the UD complaint and therefore was granted a default judgement (I started this because I increased the rent and tenant continued to only pay the old rent amount). I then proceeded with the the steps necessary to have a writ of possession and the sheriff then served it.
Here is where I am at with this:
I was planning on deducting the difference of rent owed from the security deposit after he moved out, but the tenant has paid the old rent amount for the month of October. He wants to stay a few more days, but he does not know how to ask for a Stay (in response to writ of execution), and I am not going to tell him how. My question is the following:
Can I allow him to stay until the end of the month without any major liabilities to me or making a "noobie" mistake.
I want to be fair, and even understanding. He was given until the 21st to move out, but I want to extend it till the 31st (10 days extension). I am aware that there is always a risk of him not moving out, and if he doesn't move out, I want to make sure that I will not run into trouble by extending it outside of the courts as far as proceeding with a judgement goes and having the sheriff enforce the writ of possession for a put-out.
Should I just continue with the writ of execution as planned or give him the extra 10-days?