Eviction by Sheriff - getting rid of tenant's property

[cluelessgirl]

Illinois

My tenant refuses to move out even though I have a court order. The tenant hasn't even bothered to look for a new place to live.

The tenant has lots of stuff in the apartment. What do I do with her stuff when the sheriff comes to evict her?

I heard that the sheriff will just stick around long enough for the landlord to change the keys. But what about the tenant's stuff? Can I just take it to the curb and leave it there? The apartment is on the second floor and it's actually very far from the curb. Carrying her stuff all the way down to the curb is going to be tough.

I want to drop her stuff down the balcony. Is that ok?

thanks for any advice

 

[Banned_Princess]

Illinois

My tenant refuses to move out even though I have a court order. The tenant hasn't even bothered to look for a new place to live.

The tenant has lots of stuff in the apartment. What do I do with her stuff when the sheriff comes to evict her?

I heard that the sheriff will just stick around long enough for the landlord to change the keys. But what about the tenant's stuff? Can I just take it to the curb and leave it there? The apartment is on the second floor and it's actually very far from the curb. Carrying her stuff all the way down to the curb is going to be tough.

I want to drop her stuff down the balcony. Is that ok?

thanks for any advice

Sheriff's will wait long enough for tenant to remove anything they want. Sometimes they make the tenant put everything else on the curb, you can ask them to make sure everything gets out. .


Once the sheriff evicts them, you are welcome to throw anything they leave off the balcony. as long as you do it safely. you don't want to hit anyone with falling debris

 

[BL]

If you win an eviction and use the Sheriff ,the sheriff can set the belongings at the curb .

If the sheriff will not ,ask the sheriff what YOU can do with them .

[U]http://www.law.siu.edu/selfhelp/info/property/Landlord-Tenant Rights in IL.pdf[/U]

Losing an Eviction Case ...

If you do not leave the property by the eviction date the Sheriff can set your belongings at the curb or street .

It will then be the tenants responsibility to protect them from weather and theft .

 

[FarmerJ]

If you have access to a secure garage or basement then do abit more research on your states abandoned property laws while your waiting and see exactly what they say, you might be required to store the things while sending to the tenant at tenants last known address a letter via certified mail stating the time clock has started and if they do not arrange to collect the things you will be disposing of them. SO on the last day the court said they had to be out by did you learn what you must do to get the courts ordered writ of restitution (order to restore the unit to your full control , which means sheriff deputies bodily removing the tenant if needed) You should be present the day they do this so this way your able to change locks too in order to prevent a easy re entry by the tenant. Take with you that day a couple of throw away cameras and get lots of pics of any tenant property left behind and units final condition so you have a record of what they left behind If the things if all they are going to do is remove the tenant.

 

[justalayman]

If you lose, a "judgment" or an order will be entered against you. A judgment or order is
simply a piece of paper signed by a judge which states when you must leave the property.
Keep in mind that if you do not leave the property by that date, your personal belongings
can be removed removed by the Sheriff and set out on the curb or street. If this occurs, it
will be your responsibility, not the Sheriff or the landlord's, to see that your belongings
are protected from weather or theft.

that is from:

http://www.law.siu.edu/selfhelp/info/property/Landlord-Tenant Rights in IL.pdf

Your Rights as a Landlord or
Tenant in Illinois©
The Self Help Legal Center
Southern Illinois University School Of Law

and this is from Illinois Legal Aid

If the landlord goes to court, and a judge orders the tenant to move, the sheriff can enforce that order like any other court order. The county sheriff (not the local police) enforces an eviction order by physically removing the tenant from the landlord’s property.

In reality, the sheriff may just supervise the removal of the tenant’s property by the landlord or the landlord’s workers. But the sheriff has to be there, since only the sheriff has the power to enforce court orders

as they state, since this is a court order, a sheriff must enforce the order. The LL does not have the authority to do so so, while the sheriff is there booting the tenant, if allowed, the tenant can remove the belongings or the LL under the purview of the sheriff can remove them and set them at the curb.



so, tossing the property out the window?

No, you cannot damage the property by such an intentional act.

and if you did not understand the point of this being a court order:

You, as the LL cannot enforce the order. You cannot order the tenant out of the premises. The sheriff must make the demand or if refused, physically remove the tenant.

 

[Gail in Georgia]

Contact the office that oversees the actual eviction to clarify any questions you have.

In my neck of the woods, the Marshall oversees the eviction; can physically remove the tenant and can oversee the landlord changing the locks, won't lift a hand to carry any of the items out of the house. Landlords are told to bring extra help to haul these items out. In some places, you will be told you have a certain amount of time (i.e., typically one to two hours) to clear out the place.

Often once the items that are carried out touch the curb, the eviction is completed.

Gail

 

[Badbrains]

In texas, some localities will not wait to see it even makes it to the curb, the constable/sheriff will have you put the items in the parking lot or under covered parking if you have it to protect the belongings and then jump in their cruiser and head out.

If is does make it to the curb you even have an obligation to keep an eye on the stuff, until close of business to keep scalpers from grabbing the goodies.

If the resident does show up, they are never happy and it certainly is nice to have someone to keep the peace. I had one ex-resident get cuffed and go to jail for being hostile and threaten to kill my staff. It was quite the scene.

Crazy world.

 

[atomizer]

In one of my evictions, the police officer gave the tenant 2 hrs to move out his crap. I threw out the rest of his stuff afterwards. About 5 trips to the city dump.