Within a day or two, a deputy or police officer will be in touch and you must work out a mutually convenient time for the eviction. Allow adequate opportunity to organize help and materials. You will need strong backs and many cartons. Have ample quantities of newspaper or other substances to help avoid breakage. When you, your assistants and the officer arrive at the premises, he will knock and attempt to serve the Writ. At that point, you may enter with or without invitation. Use your passkey or, if necessary, force the door. The officer will observe as you and your help pack all of the tenant's possessions (the officer will usually NOT assist with the removal. You must do the work). The tenant is not obliged to leave until all of his belongings have been removed. If the tenant is present and attempts to interfere, the officer will intervene and may summon additional police officers or deputies.
All of the tenant's possessions must be removed from private property. In most states, it is customary to deposit them on the curb lawn beyond the sidewalk. In the country, it is customary to deposit them on the roadside right-of-way. However, some states, require that landlords store the tenant's possessions in some secure facility for them.
Once everything belonging to the tenant has been removed, the tenant himself must depart or he may be arrested for trespassing.
As part of the Service of the Writ procedure, the court officer will certify to the Court that the tenant did actually move. Using a Writ, even after you believe the tenant has vacated, can add somewhat to the cost of the eviction. (to verify that an apparently vacated apartment is LEGALLY vacated) However, every long-time landlord can tell you horror stories about tenants playing games during the eviction process.
One such scenario is where the tenant appears to have moved out after judgment and the landlord does not, therefore, obtain a Writ of Restitution. Instead, the landlord, like most practical people, cleans up the unit and re-rents it. Subsequently, the tenant returns, claims to have merely been on vacation and sues the landlord for TRIPLE damages under an unlawful eviction statute. Even worse, the tenant claims that the landlord has stolen valuable property, files a police report and sues for some outrageous value.
With this danger in mind, we are reluctantly forced to advise you to seek and serve a Writ of Restitution in any case where you cannot PROVE the voluntary departure of the tenant.
FINALLY
Once the tenant is gone from your premises, secure the property at once. If utilities such as electricity, gas or water were in the tenant's name, call the utility companies or departments and have them removed from his name. Change the locks on the doors (or padlock them) even though keys were recovered (you cannot be sure you received ALL of them). Inspect the premises carefully for dangerous conditions left by the tenant. It is not uncommon to find an oven in operation, water running in a tub or frayed extension cords plugged into outlets. Ask friendly neighbors to keep an eye on the premises.
If the tenant returns, he is a trespasser and is guilty of illegal entry which is a misdemeanor. If he forces (breaks) his way in, he is guilty of breaking and entry which is even more serious.
ACCEPTING MONEY
In some states, it is still not permissible for a landlord to accept payment in any amount from a tenant from the time the notice to quit was delivered to the time judgment was entered. If they do so, and the fact comes out at the hearing, the case may be dismissed. In other states, in an action for non-payment of rent, the landlord may accept payments in any amount and, unless the arrearage is paid in full, he may proceed with his case. If the arrearage is paid in full, then there is no longer any non-payment to complain of in court. However, courts are occupied by judges who often do what ever they please. This is another situation where you must know your state law and it really helps to know your judges.
If eviction is sought for any reason other than non-payment, rent falling due may usually be accepted. Do not, however, accept payment for any period beyond the day upon which your notice to quit has ordered the tenant to move. It is wise to pro-rate such rent as closely as possible and then write on the receipt, "Accepted subject to notice to quit of (Insert date of the notice). Any excess will be refunded."
THE PROBLEM 0F AGENCY
For the purpose of this eviction e-course, we have assumed that your tenants will all be individuals. We have not gone into lengthy detail on how you must handle legal actions against partnerships, corporations and other "group' persons. However, it is very likely that the landlord will be such a "group" person. This fact can create problems in pursuing an eviction or any legal action.
In general, the person who signs the Notice to Quit and the Complaint must appear in court. This person may be one of the owners of the property, one of the partners in an ordinary partnership or one of the GENERAL partners in a limited partnership. If the landlord is a corporation, some state require that he MUST be represented by an attorney in court and it is best if all the papers are executed (signed) by the attorney. Remember too, that the attorney cannot appear in court alone to any avail. He must usually be accompanied by a witness having personal knowledge of the facts.