If the landlord wishes to terminate tenancy and is not familiar with applicable landlord/tenant laws, they should seek legal advice.
Writ of Removal and Possession (Eviction)
If the Court rules in favor of the plaintiff in a Forcible Entry and Detainer action and an eviction is necessary, the plaintiff is required to schedule the process with the Sheriff at least 24 hours ahead of time. Evictions will take place between the hours of 8:30 AM and 4:00 PM (excluding holidays and weekends). The plaintiff will need to provide a copy of the Order Re: Forcible Entry and Detainer and Writ of Removal and Possession to the Sheriff – It will not be done automatically.
At the time of eviction, the plaintiff is required to provide enough personnel to remove all the tenants’ personal property from the premises within two hours. This is calculated at 2 able-bodied workers per bedroom, plus an additional 2 workers if there is a basement or outbuildings. If there is both a basement and outbuilding(s), 4 additional workers will be needed. If there are not enough workers present to remove the tenant’s property, the Sheriff’s Office reserves the right to postpone the eviction until the plaintiff is able to gather sufficient help to remove the property in a timely fashion. The plaintiff will also need to provide enough boxes and large bags to facilitate the efficient moving of the property. All the tenants’ property (including debris/garbage) will be placed on the public right-of-way at the direction of the Deputy executing the Writ. The Sheriff’s Office will not determine what is garbage – everything must be removed.
During times of inclement weather, the eviction may be postponed by the Sheriff if it is determined that due care of the tenants’ property is unlikely or impossible.
If the tenant voluntarily vacates the residence prior to the execution of the Writ, the plaintiff will have to decide if they want the Sheriff’s Office to stand by while any remaining property is removed. If the eviction is cancelled, the plaintiff accepts liability for any of the property left behind.
The cost of this process is assessed to the plaintiff. A deposit of $85.00 may be required.
The plaintiff should not enter the residence or begin the eviction prior to the arrival of the Deputy. Doing so is viewed as taking possession of the property and the writ will NOT be executed by the Sheriff’s Office.