Lock Out Procedures

The Butte County Sheriff’s Department has advised me of the following policies and procedures regarding tenant evictions in Butte County:

    1.  All evictions take place on Wednesday.  A Notice of Eviction is posted on the premises the Thursday preceding the eviction.  The Sheriff’s Department will contact this office on the Tuesday morning preceding the eviction to advise me of the scheduled time for the eviction.  I will contact you as soon as I hear from the sheriff to advise you of the scheduled time for eviction.  It is a good idea to plan on being on-site 15-20 minutes early.

    2.  At the eviction it will be necessary for either you or a personal representative to be present at the house or apartment.  A deputy sheriff will meet you at the premises and will remove any tenants that might be present.  The deputy will arrive in a marked patrol car and will not be able to wait past the scheduled eviction time.  Failure to meet the deputy at the scheduled time will result in a re-posting fee of $58.00 and may result in a delay of up to two (2) weeks.

    3.  The person meeting the deputy sheriff must have a key to the premises or have made arrangements to have a locksmith present.  It is important that you wait for the deputy to arrive before you enter the premises. 

    4.  If the tenant should vacate the premises prior to the date scheduled please let me know and I will contact the sheriff’s office.  They have requested 24 hours notice, if possible.  Once the Notice of Eviction is posted the preceding Thursday the sheriff will not refund their fee.

    5.  You may allow a tenant access to remove personal property after you have regained legal possession of the property.  Any access should be set forth in writing, signed by both you and the tenant and should have restricted hours, not overnight.  Do not accept any money from a tenant for allowing access because, by doing so, you may be creating another tenancy.

6.     There are very strict legal requirements regarding the disposition of tenant personal property that is left on the premises after an eviction.  My experience is that most tenants will remove their personal property themselves and they will often wait until the last minute to do so.  If you do find personal property left on the premises after you have taken possession, you should contact this office so that we can discuss the procedures you will need to follow in order to avoid any liability for failure to legally dispose of a tenant’s personal property.

7.  Please remember that you are required to provide the tenant with an itemization of their security deposit within twenty-one (21) days after vacating the premises.  California law requires you to include copies of invoices for any repairs or maintenance performed for which you are charging the tenant.  Failure to provide the security deposit itemization could result in having to return the entire deposit to the tenant.