So Monday morning the Sheriff is going to come back to the unit where they are serving the writ. If the tenant is still there who puts out the tenants belongings etc. How does that work?
Best to check with the local housing authority to see what the regulations are regarding set outs, as they can vary from state to state. In CA, you are responsible for storing a tenant's personal property for a short period of time (15 days, I think) at which time you can then dispose of the belongings by selling them or auctioning them off. The tenant would be responsible for the storage fees but since you are evicting them, you'll most likely never collect.
Here in CO you put them out. Better bring help, because ther sheriff isn't going to hang around all day.
Are you at that point in the process? Here that's the last step, after you've been to court. As Brian says, learn and follow your local laws.
Yes that is where we are in the process. We have an attorney for the whole process but we were out of town and the attorney told us the sheriff is going Monday morning so it doesn't leave us much time to ask him questions.
My other question is do we tell the tenant the sheriff is coming back Monday morning? So maybe he could leave on his own?
It depends by state and municipal law.
Here in WI, we actually have to hire movers to take the possessions. Then we have to pay to put them in storage. If the tenant wants their stuff, they pay the bill. If not, the landlord pays the bill.
We can then auction the stuff at public sale after paying for public notice in the paper. The proceeds, less auctioneers fees, go to pay the storage bill. If there's any excess (never happens), we have to send it to the tenant.
Certain things must be given to the tenant free of charge like medical equipment, medicines, etc.
CO gives you one hour to set everything out on the curb. If you put it on your property, you then become responsible for securing and protecting it. By putting it out on the curb they are responsible for securing the property. Most evictions, other residents cherry pick the stuff as fast as you put it on the curb, it is being moved into another unit. After 24-hours anything remaining you can dispose of in the dumpster. Most items left when tenants move out fall into the trash category anyway.
Here in Ohio, I always set them out. In fact, I ENJOY throwing their stuff out after they've ripped me off! Therapeutic! Unfortunately, I'm no professional mover and stuff often gets (accidentally) broken when I carry/drag/throw it out. What are the scum going to do -- sue me? They already owe me money - sue away!!!
Ok So its done. the lawyer advised us that the officer puts out the possessions. The tenants were finishing up moving out when they got there. Its done time to find new great tenants and no shortcuts during screening.
Originally posted by GamalR:
...(snip)... and no shortcuts during screening.
You speak the truth; there is nothing better for a landlord to do to stop eviction issues than to SCREEN all potential tenants.