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It is very likely that the sheriff will be evicting these tenants off of a property that we are about to purchase. It has gone to court and everything. We don't close until they leave.
What happens to their stuff? Does the seller remove it and pay to store it? When can the seller take posession and dispose of it as desired?
Each State will have laws outlining what will happen in that state. Each County will have laws enacted specific to their dealing with this and every court has the authrotiy to set orders regarding this. So depending on what state, county and the ruling of the court, just about anything can happen. Since the range is so great, call the court and ask. Call the Sheriff and ask.
i know if the sheriff gets involved, they have a certain amount of time to get what they can in ONE trip and everything else is moved to the curb......there's usually a ton of people waiting to snatch things.
Your state landlord tenant laws will have that information. If they're not listed in the first "sticky" on this forum page then google, "(your state) landlord tenant laws abandoned property" and that should take you right to the information you're looking for.
I agree with PacificFlights and STT. The procedures listed by acealive and bentlebee do not bear any resemblance to the proceedure in my state, so definitely check your state laws.
In Idaho, the sheriff comes and puts all the tenant's stuff into a storage unit. If the tenant wants their stuff back, they have to pay everything due the landlord (sheriff fees, storage fees, attorney fees, court fees, late rent, everything). If they can't pay or never try, after a certain amount of time, the sheriff sells the belongings and the money goes toward the expenses.
If you have ever seen the HDNET series the super, it gives you a good idea of what happens.
The sheriff comes out with you and serves the occupant an order of eviction by the court. At this time the locks are changed and they are removed and barred from the property. It is cheaper for the LL to arrange with the tenet removal of their property in the future, usually within a few days. Most tenets want their property back and will come back to claim it. Some however have already moved out and just left trash behind. It really is up to the LL on whether to allow them back in to remove their property. Also the LL could show up with movers and just dump everything on the curb on in a trash container.
I agree with PacificFlights and STT. The procedures listed by acealive and bentlebee do not bear any resemblance to the proceedure in my state, so definitely check your state laws.
In Idaho, the sheriff comes and puts all the tenant's stuff into a storage unit. If the tenant wants their stuff back, they have to pay everything due the landlord (sheriff fees, storage fees, attorney fees, court fees, late rent, everything). If they can't pay or never try, after a certain amount of time, the sheriff sells the belongings and the money goes toward the expenses.
i guess they're more civilized in idaho though. theres so many calls about evictions in los angeles, its cheaper and easier to set things on the curb that way theres no trash left for the trashmen to pick up and the police have nothing to file, report or put in storage.
In the cases I'm familiar with, once the Sheriff has the locks changed, the tenant no longer has any claim to the property. The bank, or whomever owns the property, hires a company who specializes in hauling all the remaining property to the dump. Anything of value they can keep. The person who did own the property can not clam it, it's gone...!
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