How to Pause a Sheriff Lockout During Eviction Appeals in California

Facing eviction can be overwhelming. If you're a California renter who has lost an unlawful detainer (eviction) case, you may still have options before a sheriff lockout occurs. This guide explains how to use the eviction appeals process to pause or "stay" a sheriff lockout, outlining the official steps, forms, and your legal rights under state law.

What Is a Sheriff Lockout in California?

After a landlord wins an unlawful detainer case, the court may issue a Writ of Possession. This directs the county sheriff to evict the renter, a process called a sheriff lockout. The sheriff serves a Notice to Vacate, then may physically remove tenants if they don't leave by the deadline.

The Role of Appeals and "Stays"

Even after losing in court, renters in California can appeal the decision. Importantly, filing an appeal can sometimes pause ("stay") the sheriff lockout, at least temporarily. However, the sheriff lockout will proceed unless you follow specific steps to request a stay. Knowing your timeline and the required forms is essential.

Key Tribunal: California Superior Court

All unlawful detainer (eviction) appeals and stays are handled by your local California Superior Court.

How to Request a Stay of Eviction Pending Appeal

Here are the essential steps to pause a sheriff lockout while your eviction appeal is considered:

• File a Notice of Appeal (Form APP-002)
  Notice of Appeal/Cross-Appeal (Unlimited Civil Case) (APP-002) starts the appeals process. Renters must file within a very short time after judgment (usually within 5 days for unlawful detainer cases). For example, if you receive a judgment in favor of your landlord, file APP-002 immediately to start your appeal and protect your rights.
• Request a Stay of Execution (Form UD-150 or Written Request)
  Renters can ask the trial court for a "stay of execution," which means pausing the eviction process. Use Stay of Execution (Form UD-150), or, if not available, a written motion detailing your request. Example: File UD-150 after your Notice of Appeal to request the judge delay the lockout while your appeal is heard.
• Post an Appeal Bond (if required)
  A judge may require you to post an "undertaking" (appeal bond) to guarantee rent payments during the appeal. The amount is typically based on the rental value. Details are found in California Code of Civil Procedure, Section 1176.

Tip: Always act fast. Sheriff lockouts can occur quickly after judgment, so file all papers promptly and keep copies for your records.

Official California Forms for Staying a Lockout

• Notice of Appeal/Cross-Appeal (APP-002):
  Get APP-002 and instructions. Used to formally notify the court and your landlord that you are appealing.
• Stay of Execution (UD-150):
  Download UD-150. Used to formally request the eviction be paused until the outcome of your appeal. Include reasons why a stay is in the interest of justice (e.g., hardship, family, good payment history).
• Court Appeal Bond/Undertaking Forms:
  If the judge requires a bond, ask the court for the correct local undertaking form, or see the official forms directory for more options.

Each form should be submitted to your Superior Court location. Visit Find My Court for court addresses and filing instructions.

Key Steps to Requesting a Stay Pending Appeal

• Complete Notice of Appeal (APP-002) and submit within 5 days after eviction judgment
• Complete Stay of Execution (UD-150) and file with your court as soon as possible
• Serve copies of all documents to your landlord or their attorney
• Ask the court clerk if an appeal bond/undertaking is required and post if necessary
• Attend any scheduled court hearing on your stay request

Making sure forms are filled accurately and submitted on time increases the chance the lockout will be paused until your appeal is decided.

Relevant Tenant Protection Laws

Key California statutes for eviction appeals and stays:

• California Code of Civil Procedure Section 1176 (Stays and Bonds for Appeals)
• Section 1170.5 (Appeal Timelines)
• Other Unlawful Detainer Statutes (Eviction Rules)

These laws are updated regularly. For the most current text, visit the California Legislative Information site.

FAQ: Staying Sheriff Lockout During Appeals

1. Can I stop the sheriff from locking me out if I appeal my eviction?
   Yes—but you must file a Notice of Appeal quickly and request a stay (pause) from the court. You may also need to post a bond to cover rent during the appeal.
2. What happens if I don't file the correct forms in time?
   The sheriff can proceed with the lockout, even if you intend to appeal. Always file forms as soon as possible after judgment.
3. What is a "stay of execution"?
   It's a court order that temporarily delays the eviction process while your appeal is being reviewed.
4. Do I have to pay rent during the appeal if my stay is granted?
   Usually, yes. If the judge requires an undertaking (bond), you must keep paying the rental amount to stay during the appeal.
5. Where can I find official help or forms?
   All official forms and guides are available at California Courts - Forms and your local Superior Court office.

Conclusion: Key Takeaways

• Filing an eviction appeal in California may pause a sheriff lockout—but only if you file the correct forms quickly and request a stay.
• Always use official forms like APP-002 and UD-150; consult your local Superior Court for exact procedures.
• If in doubt or facing hardship, ask the court for help and provide evidence supporting your request for a stay.

Being proactive and organized gives you the best chance to buy time and protect your housing rights while your appeal is considered.

Need Help? Resources for Renters

• California Courts Self-Help Center: Eviction & Unlawful Detainer – step-by-step guides, resources, and forms.
• Find Your Superior Court – for in-person help, document filing, and guidance.
• California Department of Consumer Affairs - Tenant Eviction Info
• Contact local legal aid, such as LawHelpCA.org, for free or low-cost legal advice.

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1. California Code of Civil Procedure Section 1176 – Official Text
2. California Courts Official Forms – Unlawful Detainer (Eviction) Forms
3. California Courts Self-Help – Eviction Process Overview
4. Find Your Court – Superior Court Locator

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