Real Estate Law
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now can i remove the tenants property from the premises without the constable being there. im in baltimore county md. residential property
No, If you have obtained a warrant of restitution then you still have to appear at the tenant's property with a sheriff or constable after 5 working days so they can order the tenant to leave (if they are there) and oversee the removal of the tenant's property.
You can't legally remove the tenant's property without having the sheriff/constable there because they have to do a sweep of the property for any illegal contraband, drugs or weapons and then oversee the removal of the property.
It doesn't matter, the constable is the one who oversees the execution of the court order and is the only one who can put you back in legal possession of the property.
Well, then you have a pretty lazy constable because they are supposed to check for illegal items and then take them into their possession for destruction if there are any. But that kind of works in your favor because if there is anything good that you could later sell to get some of your money back, you don't have to worry about the constable seizing it.
But only he can put you in legal possession of the property once he signs off on the eviction action and posts the paperwork on the door.