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Post judgment time limit for filing a writ of restitution

Hello, I  am a landlord. I issued my tenant a 7 days notice to quit. I entered into a 1 year lease agreement with the tenant. On the court date I received a default judgment for possession. Do I have a time limit in which to file for a writ of restitution from the date of judgment?  If yes, and if I have exceeded the time limit, do I have to issue a new 7 days notice to quit in order to proceed withe evicting the tenant? 2. Based on the judgment already received, am I am to pursue a small claims civil court action against the tenant to recover loss of rents, simultaneously with issueing the new 7 days notice based upon the additional 3 months that has elapsed since the initial date of judgment? Thank you.


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7 helpful answers

Marin County IS a hat for every different head!

Landlord/tenant law varies from state to state and local governments get involved as well. You need to either check with local counsel or restate your query with geographic reference. Personally I'd prefer professional guidance. You may be able to find the information you want searching for "tenant 7 days notice to quit". A Google search returns a host of related search terms at the bottom of the page to chase further. 

Posted 2009-07-30T22:02:48Z

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