The eviction filing process varies in each jurisdiction. Filing for an eviction within the court, in most instances, is the only way to properly remove a tenant from a property. Please visit our reference section for more information, and links to public domains containing additional resources. If you have specific questions, CsS suggests that you contact your eviction attorney.
We encourage our customers to engage an attorney for representation in their eviction cases. Depending on the jurisdiction of your property, an attorney may or may not be required. If you use an attorney we coordinate our services with your counsel, while also keeping you up-to-date on the progress of your filings. If you self-file, we will keep you informed of dates and times for required actions.
An eviction and a dispossessory filing typically refer to the same process. The use of either term varies based on the way a specific jurisdiction refers to the matter. A dispossessory proceeding is an eviction lawsuit that is filed with the court. Normally these types of cases are filed for the nonpayment of rent and/or holding over beyond the term of the lease. The terms eviction and dispossessory are frequently used interchangeably.
In general, a Sheriff, Constable, or Marshal is required to oversee the completion of an eviction set-out. The specifics of this requirement vary by jurisdiction. CsS will never participate in the execution of a writ of possession that is not supervised by appropriate law enforcement, whose main purpose is to assure the peace while the court ordered writ is carried out.
Which department of law enforcement oversees the eviction process is completely dependent on the jurisdiction in which the property is located. It should be noted that regardless of which department oversees the eviction set-out, their presence is essential to assure the safety of all related parties.
In general, the requirements of the landlord with respect to remaining personal property that is removed as part of an eviction process varies significantly by jurisdiction. It is essential that you understand what needs to take place once the items are removed from the property subject to the writ of possession.
When the sheriff, constable, or marshal is overseeing the process of removing items from the property as part of the execution of a writ of possession, the process many be referred to by many names inclusive of an eviction or a set-out. In general the supervising officer will assure that all items they deem to be of value are removed from the property. It is almost certain that every item will not be removed from the property. Items deemed to be possible trash or of little to no value will frequently be left behind. Once possession is given back to the property owner or manager, they are then typically allowed to clean out any remaining personal property. Understanding the specifics of the eviction process as they relate to the jurisdiction where your property is located is essential. For specifics related to your jurisdiction you should seek counsel from your attorney. here.
For information on full clean out services offered by CsS