Cal. Civ. Code § 29-18-127
Form of execution and writ — Disposition of personal property following defendant's removal from property.
Operative Text
(a) The execution for costs shall issue in the usual form, and the writ of possession may be as follows: State of Tennessee, To the sheriff or any constable of such county: County. Whereas, at a trial of forcible and unlawful detainer had in such county on the day of , 20, before E F, a judge of the court of general sessions of such county, judgment was given that A B recover from C D possession of a certain tract or parcel of land, bounded [or known and described] as follows [insert the description in the warrant]: We therefore command you, that you take with you the force of the county, if necessary, and cause A B, the plaintiff in such judgment, to have and be restored to the possession of such tract or parcel of land, and that you remove C D, the defendant in such judgment, therefrom, and give such plaintiff peaceable possession of such premises, and make return to me in twenty (20) days how you have executed this writ. This day of , 20. E F, G.S.J. (b) (1) Upon removing the defendant in any judgment under this chapter, the plaintiff or a designated representative of the plaintiff, shall place the defendant's personal property: (A) On the premises from which the defendant is being removed; (B) In an appropriate area clear of the entrance to the premises; and (C) At a reasonable distance from any roadway. (2) The plaintiff or a designated representative of the plaintiff shall not disturb the defendant's personal property for forty-eight (48) hours. After such forty-eight (48) hours, the remaining personal property of the defendant may be discarded by the plaintiff or a designated representative of the plaintiff. (c) (1) All actions of any county, municipality, metropolitan form of government or other local government relative to the disposition of personal property after the execution of a writ of possession shall be temporarily suspended during the forty-eight-hour time period created pursuant to subsection (b). (2) Notwithstanding subdivision (c)(1), a county, municipality, metropolitan form of government or other local government shall not be liable for any damages to the defendant's personal property. (d) The plaintiff or a designated representative of the plaintiff, acting in accordance with this section, shall not be liable for any damages to the defendant's personal property during or after the forty-eight-hour time period, unless it can be established by clear and convincing evidence that the damages resulted from a malicious act or malicious omission of the plaintiff or a designated representative of the plaintiff.
Tennessee Code Ann. tit. 29, ch. 18 § 29-18-127 establishes both the official form of a writ of possession used to restore a landlord's access to property after a forcible or unlawful detainer judgment, and the rules governing what happens to a removed tenant's belongings. When a tenant is removed under such a writ, their personal property must be placed on the premises or in a clear area away from entrances and roadways, and it cannot be disturbed for 48 hours. After that 48-hour window, any remaining property may be discarded, and neither the plaintiff nor local government bears liability for damage to the property unless clear and convincing evidence shows the damage resulted from a malicious act or omission.
Plain English — not legal advice.
Under § 29-18-127, landlords or their designated representatives carrying out a writ of possession are generally expected to place the removed tenant's belongings on the premises or in a clear, accessible area away from entrances and roadways, and to leave those items undisturbed for the full 48-hour period. Compliant operators document the placement of property and avoid any action that could be characterized as malicious during or after that window, since that is the standard under which liability can attach. Following these steps carefully is how landlords typically stay within the liability protections the statute provides.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 29-18-127 gives tenants a 48-hour period after removal during which their personal property must be left undisturbed and placed in a reasonably accessible location on or near the premises. If a tenant believes their belongings were damaged or discarded before that window closed, or that damage resulted from a malicious act, the statute's "clear and convincing evidence" standard is the legal threshold relevant to any claim. Tenants who believe their rights under this provision were violated may wish to consult a tenant-rights organization or legal aid service to understand what options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 29, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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