What would a sheriff do? If renter we evicted will not leave?

Question

We have 2 mobile homes, but own 1, the other is owned by a lady that rents the land from us (since it is on our property). We sent an eviction letter 2 months ago telling her she had to be out of the trailor we owned, by July 31, by midnight. So the lady that rents the land/ownes the trailor, moved out to a house and decied to let the lady we evicted live in her house. So basicly she is moving next door, not even 20 yards away. Monday we called, she didn't answer, but we told her that she needed to turn the keys in by July 31 night or the 1st of August. She texted back that she will need to the end of August and will get the keys back when she is done. This will not work, the electricity is being put in our names and we asked her 2 months ago to move out. We have told her no exceptions, she has no excuses. We have seen her out their playing horseshoes when she could have been moving. She also lives off the state (welfair) so she doesn't have a job and is able to work, she is just lazy. So with no job and 2 months to move out of a mobile home, next door, I do beleive that is enough time.

So my question is, what would a sheriff do if we called him out? We do not need her moved from the property since she is moving next door. We just want her out, so we can start fixing it up.

Could the sheriff make her get out of the house?

Answer 1

If I understand you, the first woman who was renting in the trailer you owned has now moved to the other trailer on your property but has not vacated completely the first trailer and relinquished possession to you.

Since you have the letter that you wrote, I would call the sherrif and ask them what your options are first.  They generally have a good idea of what they can and can not do at this point.  They may be able to speak to her and inform her that she must move if your letter is sufficient.  However, be prepared to go to court and get a judge to issue the actual order that will allow the police to execute the eviction if she continues to stay there.

Be careful in any action you take since you are dealing with someone that has nothing to lose and will be glad to turn the legal system around on you if you make even the slightest misstep.  Also, never go in person to her without a third party that can verify your conversation and actions.  Record your phone calls with her if possible to document that you are not threatening her in any physical or harrassing manner.  This may sound a little too cautious, but again, you are dealing with someone that is obviously already in a precarious position.  The last thing you want is to damage yourself more.

Answer 2

She is currently in her lawful home, even a renter has a home. And even if you have aagreement for her to move in/out its still a civil agreement.

You must first go through the eviction process before the local sheriffs office can take any action. Yes they enforce civil laws but only after a court judgment allowing them to act.

Also my suggestion is to go through a eviction service. The paperwork is tedious and one wrong move will invalidate the entire eviction and you may need to start over.  

Answer 3

If the eviction has been properly executed meaning you followed proper procedure with all the paper work, then the sheriff can come and get he out. However, if a judge decides otherwise, thats if there are renting or housing laws where you are, you may need eviction papers signed by a judge to officially get her out.

Answer 4

Contact your local Sheriff's Office and speak to them about the eviction process.  In the mean time, this is what my agency does regarding evictions.  Every agency is different but this is what we do.  Call your Sheriff's Office and ask for the eviction office.

          Forcible Entry and Detainer (Eviction)

1.      An order for a forcible entry and detainer will not be accepted until the stay date has expired. Two (2) writ certification stamped copies of the order are required. The order must have the name(s) of the defendant(s) and the exact address of the property, including apartment, building or suite number. Wrong or incomplete addresses are the major reason for forcible entry and detainers being unenforceable. There is a non-refundable fee of $120.

2.      Three (3) business days after the order is received by this office the plaintiff must contact the eviction department at 924-407-8423 to schedule the physical eviction. A deputy will post a "red notice" on the property indicating the date and time of the physical eviction. This action often results in the defendant(s) moving out of their own accord.

3.      Using force to effect an eviction can become costly to the plaintiff and traumatic to the defendant. Therefore, the office has established a set of procedures to encourage the defendant to voluntarily vacate the premises; a copy of the order is either personally served or posted on the door of the property and a letter is sent to the defendant advising them they will be evicted "as soon as scheduling permits."

4.      The plaintiff, or his/her agent is required to be present on-site during the entire eviction process. The plaintiff must provide a minimum of three (3) able-bodied movers, a locksmith or maintenance person to change the locks, plastic bags, and tarp or plastic cover in case of inclement weather.

5.      The defendant's personal property will be removed from the property to a area designed by the on-site deputy. This property must remain undisturbed by the plaintiff for 24 hours. After 24 hours it is the responsibility of the plaintiff to remove all items still remaining at the site. It is also the plaintiff's responsibility to have any vehicles on the premises removed.

6.      The eviction fee covers the first 1/2 hour of the deputy's time. If additional stand-by time is necessary, the plaintiff will be billed accordingly with a 2 hour minimum charge of $75.00 per hour.

7.      Emergency eviction requests must include documentation to justify the emergency. Requests will be authorized on a case by case basis.

8.      If the defendants move out prior to the eviction date, the eviction office must be notified immediately.

Answer 5

Do you have a judgement of eviction?  If you followed eviction law, and the court ordered the eviction, the day ascribed by the court order, August 1st I presume, you can put her goods at the curb.  I would advise having the order in hand, and calling the Sheriff's department to dispatch a deputy to supervise it.  All this being said, if you have leagally evicted the tenant and the tenant returns, it is trespass.  Call the cops the first time to escort her out, call the cops the second time to arrest her.

Answer 6

In our jurisdiction, the sheriff can force an eviction only if the tenant has been served with a notice of eviction issued (signed) by a judge.

Just sending her a letter, without going through the process of a court order, limits what a sheriff can legally do.

Answer 7

If the subject or subjects do not leave after an eviction notice has been served and within the time given to leave. They can be arrested for trespassing. If they still have personal belongings in the residence the owner can hire a mover to remove it. Where you move it is up to you, but if the property is damaged the rental subject can take a civil action against the owner. They probabley want win but this is what they can do. As far as the hired movers you can take a civil action against them for the money and if you decided out of the kindness of your heart to store the belongings in a storage unit, you can add the civil act to the case for the money.  To avoid all of this, what I would do is if an arrest was made. Advise the deputy when the arrest is made that the belongings that remins in the residence will be placed in the yard and have the deputy to advise the arreste that they have a certain time to come get it and that you will not be held responsable for any property damage.