All Forum Posts by: Avery Moore

@Avery Moore

Well, you really should consult an attorney or two...

But, you might want to have the writ properly executed just to legally reclaim possession.  The sheriff or constable in some cases is there just to legally "throw them out."  You don't want any altercations, but if there is, a peace/law officer is there to enforce the Writ.  In my experience, we/he/she makes entry, nobody is there, constable "declares" possession to be mine, I change the locks, we part ways...

Not sure in GA, but usually the personal belongings are still the former tenant's.  You are supposed to take them and "store" it for them...  However, I've never really heard of that in practice.  Sounds like your tenants are long gone, since its been really before Nov.

Good luck.

Hi @Avery Moore and welcome to BiggerPockets!

The sheriff is there to assist in the execution of the writ. Specifically, they're job is to ensure the peaceful physical move-out of the tenant so that the landlord may reclaim the house.

You'll want the sheriff (or more likely their deputy) to do this, even if the house appears vacant!

When enforcing the writ, a deputy will arrive at the house and inform the residents that they must vacate. It's then the landlord's responsibility to provide a crew of able-bodied folks to remove all the tenant possessions inside the house and carry them to the curb.

Once the move-out is complete (and presumably the locks have been changed), the deputy may remind the former resident that they may not re-enter the house. I don't recall receiving any documents from a deputy after an eviction.

I hope this is helpful!

In my experience the people will usually move out before you have to have the constable or sheriff force the issue.

What would you recommend for a process? I did a credit check, criminal background check, got pay stubs, required income 3x rent, and got employer confirmation and prior landlord reference (but I never got in touch with the prior landlord successfully)

I used the Zillow lease template and then added in a few other provisions. It does say they are in default of the lease if anybody other than the named tenants occupy the house, that they must comply with the hoa rules (which restricts str), and that subleasing / transfer of the agreement is not permitted.

How do you suggest finding a good eviction attorney in the area?

As I see more and more of these situations, I'm thinking  it should be mandatory for any new landlord to undergo a training seminar.