§ 1210.Reentry Upon Or Taking Possession of Property After Person Dispossessed Or Ejected

Title 5. Of Contempts · Last amended 1982 · Last verified July 29, 2026

In one sentenceSection 1210 makes it contempt for someone lawfully removed from real property to reenter or retake possession without a legal right to do so, and directs the court to immediately issue a new writ restoring possession to the party entitled to it, with any appeal of that writ stayed only if the reentering party posts an undertaking.

Full Text of § 1210

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Every person dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, who, not having right so to do, reenters into or upon or takes possession of the real property, or induces or procures any person not having right so to do, or aids or abets such a person therein, is guilty of a contempt of the court by which the judgment was rendered or from which the process issued. Upon a conviction for contempt the court must immediately issue an alias process, directed to the proper officer, and requiring the officer to restore possession to the party entitled under the original judgment or process, or to the party's lessee, grantee, or successor in interest. No appeal from the order directing the issuance of an alias writ of possession stays the execution of the writ, unless an undertaking is executed on the part of the appellant to the effect that the appellant will not commit or suffer to be committed any waste on the property, and if the order is affirmed, or the appeal dismissed, the appellant will pay the value of the use and occupation of the property from the time of the unlawful reentry until the delivery of the possession of the property, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the order for the alias writ was made.

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Plain-English Summary

This section addresses a narrow but recurring problem: someone who lost a property dispute -- and was dispossessed or ejected by court order -- moving back in anyway, without any right to do so, or arranging for someone else to do it. That reentry is contempt of the court that issued the original judgment or process, whether the person acts alone, induces another to reenter, or aids and abets someone else's reentry.

The remedy is immediate: once the court convicts the reentering party of contempt, it must issue an alias writ ordering the appropriate officer to restore possession to whoever was entitled to it under the original judgment -- the original winning party, or that party's lessee, grantee, or successor.

An appeal from the order directing that alias writ doesn't pause enforcement by itself. The writ keeps moving unless the appellant posts an undertaking promising not to commit waste on the property and, if the appeal fails, to pay for the use and occupation of the property from the unlawful reentry until possession is restored, up to an amount the court fixes.

Frequently Asked Questions

Is it contempt to move back into property I was legally evicted from?

Yes, if the reentry happens without a legal right to do so. Section 1210 also reaches inducing or helping someone else reenter without that right.

What happens once someone is found in contempt for reentering property?

The court must immediately issue an alias writ directing an officer to restore possession to the party entitled to it under the original judgment, or that party's lessee, grantee, or successor.

Can an appeal stop the alias writ of possession from being enforced?

Only if the appellant posts an undertaking not to commit waste on the property and to pay for its use and occupation if the appeal fails, in an amount the court sets.

Amendment History

Amended by Stats. 1982, Ch. 517, Sec. 179.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

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