Eviction Day Procedure

The Warrant of Eviction with 14 Day Notice can only be served by the Sheriff’s Office.

The 14 day notice starts on the effective date or when the warrant is served, whatever is later. During the 14 days the civil office will contact you to set up an appointment where you will meet the deputy at the eviction site to complete the eviction.

The Civil Office will schedule the time for the eviction. The eviction has to be completed in one day, by sunset. After all items are removed the deputy will perform a final walkthrough and put the representative in possession of the premises.

The landlord or any representative are not to go in the eviction residence during any part of the eviction process until the deputy is on site. This action may nullify the eviction.

The deputy is at the eviction to oversee and keep the peace.

It is the landlord’s responsibility while the deputy is there to move all the tenant’s personal possessions from the living structure and any out buildings and put them to the “curb”. The deputy will designate that area and what is to be moved.

An inventory list of the landlord’s possessions must be provided on furnished rentals before eviction day. If there is a discrepancy on ownership of an item and no proof can be provided, the item will go out to the “curb”.

Sufficient manpower is needed by you to remove the items in a timely manner. If the deputy feels the eviction will take too long based on your manpower he/she will cancel the eviction and have you reschedule with the civil office.

Postponements and cancellations made within 24 hours of the scheduled eviction, other than for weather, will have a rescheduling fee of $50.00. If the deputy arrives at the eviction and you do not have enough suitable help to move personal possessions including furniture, the deputy will cancel the eviction. Before the eviction can be rescheduled there will be a fee of $100.00.

If there is inclement weather, a tarp is needed to cover the items at the curb.

Please check with your town’s ordinances regarding the item(s) taken to the curb and when they need to be removed by you. If you have any questions regarding the eviction process please call the civil office at 518-943-3300 option 4.