§5.03 Landlord’s Right to Immediate Possession

A landlord who files a UD action has the option of filing a motion to take immediate possession of the premises when the tenant [see CCP §1166a(a)]:

• Resides out of state,
• Departed from the state,
• Cannot be found in the state after due diligence, or
• Has concealed himself or herself to avoid service of a summons.

The landlord must serve the tenant with a notice of hearing that complies with CCP §1011. [See CCP §1166a(b).] If you find in the landlord’s favor at the hearing, the landlord is entitled to a writ of possession. [See CCP §1166a(d)–(e).] You also must order the landlord to file an undertaking in an amount calculated to cover damages that the tenant may sustain by being wrongfully dispossessed (in the event that the action is dismissed or the landlord fails to recover judgment). [See CCP §1166a(c).]