The
Court’s Process
Standard
evictions must be court ordered. Landlords
must file the appropriate paperwork with the County Clerk’s Office (2nd
floor of the County Courts Building).
The
clerk’s Office will then advise the landlord and the tenants as to when and
where to make the necessary court appearances.
Once
the Court grants a landlord’s request for evection, the Clerk’s Office
will send the Sheriff’s Office a writ of possession and judgment of
possession.
These
documents are necessary to direct the Sheriff’s Office to conduct the
eviction according to statute.
It
can take up to three (3) days for the Sheriff’s Office to receive this
paperwork from the time when the Court’s grant the eviction request.
The
Sheriff’s Office will serve the notices to the parties and/or to the address
listed on the eviction paperwork. This
generally occurs within one working day after receiving the paperwork from the
Clerk’s Office.
On
these notices, unless directed otherwise by the courts, we usually allow five
(5) days for the evicted parties to move from the premises.
This time period is not mandated by statute; it is strictly a courtesy
afforded by the Sheriff’s Office and is subject to being altered at our
discretion.
The
“out date” will be shown on the notice served.
Sometime after the New Year all “out dates” will be posted on this
web site. It is our hope that
phone calls for a lock out date will be needed. We will only schedule a lock
out after the day the tenant is to be out.
Please call our office and let us know if the evicted parties have vacated the property or paid rent. If the landlord does not call us prior to the rent and damages hearing, it is assumed the tenant(s) have vacated and the paper work will be returned to the clerk’s office as satisfied. Once the paper work has been returned, and eviction will not be scheduled.
If
the Parties Do Not Vacate
The
landlord must notify us that he evicted parties have not vacated as ordered.
We will then schedule a time when a deputy can meet with the landlord
at the property to change the locks and turn the property over.
If
the tenants turn the keys over to the landlord, then the landlord can have
possession of the property. If
the tenants move, but do not turn over the keys, the deputies will still have
to conduct a lockout to give possession back to the landlord.
Only
a deputy can legally execute a lockout. Landlords
are responsible for the purchase of new locks for the property.
Please remember that any landlord who conducts a lockout without the Sheriff’s Office present causes return to the court to be shown as unsatisfied.
Once
the landlord has scheduled an eviction with our office, a Sheriff’s Deputy
will call when they are ready to be met at the property.
The Deputy will place an orange eviction notice on the door stating
that the tenant(s) have been evicted and for them to contact the landlord
regarding their property.
If
the tenant vacates the premises and leaves any property behind, the landlord
is responsible for the property’s safe storage for at least ninety (90)
days.
Landlords
should try to contact the evicted tenant to let them know when and where they
can pick up the property.
After
ninety (90) days, if the evicted tenant does not pick up the items, the
landlord may dispose of them as they see fit.
Any
vehicles left on the property registered to the evictee will be removed by the
Sheriff’s Office at no expense to the landlord.
If
there are any pets left on the property, Animal Control should be contacted
and then taken to the shelter.
Once
the eviction process I s under way, we recommend that landlords do not accept
payment from the tenant.
If
a landlord does accept payment, we recommend only accepting payment for the
entire amount owed.
Once
a landlord accepts any payment, the writs that have been issued are void.
If a landlord does accept payment, our off should be contacted.
The
Civil Process/Eviction Section of the Sheriff’s Office operates Monday
through Friday, excluding holidays, from 8:00 am until 4:00 pm.
The phone number is 435-5714 extensions 256 or 262.