OK, I have this tenant that refuses to leave!! Everyone said she would go when we gave her a 30 day eviction notice. Nope she didn't leave then. Then everyone said she would go when we went to our lawyers. Nope she didn't go then. We went to court and the Judge has signed eviction papers and Yep...you guessed it, she hasn't gone yet. We haven't collected rent from her since July!!! The next step is for the Sheriff to come and personally serve her with the eviction papers and she probably won't go then either. Can the Sheriff use physical force to enter the property and remove her??? We want to start remodeling the apartment to get it rented again and this person just will NOT leave, no matter what we do. My husband has confronted her and she just won't do anything....she just sits there and we can't use force to get her to leave. All though we have been thinking of leaving empty boxes on the porch. Will the Sheriff really get her to leave or what????
2007-10-09 02:32:24 · 10 answers · asked by Grandma of 2 5 in Business & Finance ➔ Renting & Real Estate
Yes the sheriff will physically put her out. The sheriff will not remove her belongings; if she won't move them, you'll need to put them out yourself. Find out what day the sheriff will be there and hire a few laborers to put her belongings on the curb. You'll also need to re-key the locks. Make sure the unit is secure when she's set out. Good luck and good riddance.
2007-10-09 03:18:28 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Hi,
If you ever run into this again, I would suggest that you file for rent escrow at the same time you file the eviction papers. This way she would have to pay rent directly into court during the eviction proceedings. Scumbags don't like to play fair as you now know. If she had to pay rent, she most likely would have left sooner, because she just didn't want to pay. It doesn't matter if it was to you or the court...she just wanted to live for free. That's what losers do, and she burned you. My wife and I own eleven rental units in Vermont and we have a petition on gopetition.com This petition is to change the Landlord/tenant laws so this type of behavior is punishable by law, and deemed criminal. This way deadbeat tenants won't be able to get away with stealing from the Landlords. Type Landlord at the search line and our petition will come up. Help us change the laws in our state. This can be done in all states too, so you may want to do so in yours. Isn't it time these dirt-bags pay for their crimes!
The good news is, she can be removed by force if necessary!
2007-10-09 02:59:15 · answer #2 · answered by skiingstowe 6 · 0⤊ 0⤋
When the Sheriff serves the eviction order he will physically remove her and her possessions and stack them up on the curb.
You're dealing with a tenant who knows exactly how the system works. Most likely when the Sheriff shows up, she will have just left. Most likely you won't like what you find when you retake possession, however.
2007-10-09 03:43:55 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Sheriff will get her to leave. Will put her possesions out on the lawn. No liability to you. Expect to get stuck with a bill or two. You can take her to court but you wont get anything. Call your local sheriff to get the exact procedures.
2007-10-09 02:43:45 · answer #4 · answered by Bob D 6 · 0⤊ 0⤋
The sheriff is obligated to follow the courts order,,,Yes he will physically put her out
2007-10-09 02:43:21 · answer #5 · answered by boscowood 4 · 0⤊ 0⤋
the sheriff will evict her by force ! also for your next tenant -have a credit check done on them !
2007-10-09 02:41:55 · answer #6 · answered by seawolf 5 · 0⤊ 0⤋
get a sheriff's order .
u'll have to pay . they will forcibly REMOVE the people and have their possessions Placed on the curb.
have a locksmith on site to Change the locks right then.
get a cleaning crew into the unit right after locks changed. make sure ur car is guarded against her.
2007-10-09 02:40:33 · answer #7 · answered by Anonymous · 0⤊ 0⤋
According to the law in your state, the sheriff will gently help her gather her things and get her butt off your premises.
2007-10-09 02:41:22 · answer #8 · answered by Gr8estluv 3 · 0⤊ 0⤋
Take her back to court and have the tenant answer to as why she should not be held in contempt of court
2007-10-09 02:39:44 · answer #9 · answered by Tim O 3 · 0⤊ 0⤋
Have you tried offering her money? Sometimes, an offer of $100 to $1000 can get a stuck tenant the cash they need to make that move. Start low.
2007-10-09 02:42:30 · answer #10 · answered by Neebler 5 · 0⤊ 3⤋