Writ of Possession

Only a Sheriff acting under a court order obtained by the landlord can physically remove a tenant from the premises. This court order is a "Writ Of Possession-Real Property". After you have received a judgment in your Unlawful Detainer case you can request the court to issue a Writ of Possession. There is frequently a 2-3 day waiting period while the Court Clerk prepares the writ.

When your case is completed, the Court Clerk will send you to the Sheriff's Department to complete written instructions and to obtain further procedural information. You will take your written instructions, along with a check payable to the Sheriff in the amount $ 125.00 to the Court Clerks office. When the writ has been prepared, the Clerk's office will forward the writ, instructions and check to the Sheriff. The Sheriff will then begin the enforcement process.

The Sheriff gives priority to evictions. The property will be posted with a 5-Day Notice to Vacate.

The Deputy will contact you the day prior to or the day of the eviction to set up a time to meet and for you to sign for possession of the property.

You must cancel the eviction if you decide to give the defendant additional time. You must submit additional fees and instructions if it becomes necessary to proceed with the eviction. The property must again be posted with an additional 5-Day Notice to Vacate.

Tenants are permitted to take all of their personal property with them when they vacate prior to the expiration of the 5 days. However, at the time of a forcible eviction, all property on the premises is turned over to the landlord for safe keeping. The landlord must return all of the tenant's property upon payment of the "reasonable cost" of storing the property from the date of the eviction to the date of recovery. If the property is stored on the landlord's premises, the reasonable costs of storage may be the fair rental value of the space necessary for the storage.

If the tenant doesn't reclaim his property within 15 days of the eviction, the landlord may either sell the property at public sale or, if the property is valued at less then $300.00, the landlord may dispose of the tenants property or retain it for his own use.

Any third parties living on the premises that are not named on the Writ of Possession may file an "Arrietta Claim" or Claim of Right to Possession. (This procedure does not apply if service of a Summons, Complaint and Prejudgment Claim of Right to Possession was served on all occupants of the premises) By filing this claim with the Sheriff the eviction is stayed until further order of the Court. After the court order to proceed is received we will continue with the eviction.

Note: We cannot evict the defendant until he has his full 5 days from the previous notice.

The Sheriff may also receive a notice of filing of bankruptcy filed by one or more of the defendants or third parties.

Bankruptcies may or may not stay an eviction and in most cases it will only delay the eviction for a very limited time. Please consult a bankruptcy attorney for advice.