How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34866
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I am the landlord i have taken the tenant to court rent and

Customer Question

i am the landlord i have taken the tenant to court for back rent and won the judgement.then i filed a petition for a warrent of restitution.the judge signed it i got a copy and i posted a copy on the tenants door i have called the constible and scheduled a date for him to come. now can i remove the tenants property from the premises without the constable being there. im in baltimore county md. residential property
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

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.

.

.

thanks

Barrister

Customer: replied 8 months ago.
what about if the tenant has not been here since may 5,2016
Expert:  Barrister replied 8 months ago.

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.

.

.

thanks

Barrister

Customer: replied 8 months ago.
when the constable comes he wont go through any of the tenants property. all he does is wait for you to removethe first piece and then he leaves
Expert:  Barrister replied 8 months ago.

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.

.

.

thanks

Barrister

Related Real Estate Law Questions