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Lucy, Esq.
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Category: Real Estate Law
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Experience:  JA Mentor
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Can a landlord ask the sheriff to evict tenants

Customer Question

Can a landlord ask the sheriff to evict tenants
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today.
A landlord must ask the sheriff to evict tenants. They cannot do it on their own. But the absolute key is that a sheriff CANNOT evict someone without a court order.
Before the sheriff will remove a tenant from the premises, the landlord must serve notices and go to court to get a court order. But after the judgment has been entered, it is the sheriff who brings the order to the rental premises and stands there until the tenant leaves. Sometimes, the sheriff will pick up the tenant's belongings and put them on the sidewalk.
In that scenario, the landlord typically has the locks changed as soon as the tenant is out, so there's no ability for the tenant to re-enter after the sheriff leaves.
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