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Asker

Posted about 14 years ago.

Ms. Grahm,

The final writ of possession is dated 26 April. A Thursday. I would just like to know if you are immediately toss out with your possessions. My apt holds my business office, expensive collectibles and specilty tools necessary to my ability to work.

Carol Lynne Zimmerly

Carol Lynne Zimmerly Davenport Landlord / Tenant Lawyer

Posted about 14 years ago.

Yes, you and the items can be removed at the same time if you haven't already taken them out to another location. Unfortunately, the LL can also wait to remove them until another time and doesn't have to let you know when they are removing the items. I'm assuming that the clerk issued the Writ on 4-26-12, but what date did the sheriff's office serve it?

Carol Lynne Zimmerly

Carol Lynne Zimmerly Davenport Landlord / Tenant Lawyer

Posted about 14 years ago.

The sheriff's office will ask you to leave immediately if you are there. You must leave the premises immediately or the sheriff will make you leave. Then, you can wait nearby but on public land to see if the owner will begin putting your things on the property line. You may approach the property line to get your things. However, the danger is that the owner will not put your things out and will wait.

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Asker

Posted about 14 years ago.

Ms. Grahm,

I was not served by law enforcement. Just mailed the final decree by LL's attorney to vacate on or before 7 May. I will want my deposit back. According to LL's attorney, it will be returned after "swwp clean" and inspection.
I'm partially disabled and cannot move items myself. As mentioned, the mover will not be available until 12 May. I also have PTSD and need to finish details on my new home.
Is the evitctee given any time to gather their possessions and clean?

Carol Lynne Zimmerly

Carol Lynne Zimmerly Davenport Landlord / Tenant Lawyer

Posted about 14 years ago.

If the sheriff's office served the Writ on Thursday, then they probably will be coming Monday morning to toss you out and maybe your belongings, too. You might want to find a new home to rent today or at the least a storage unit for your belongings.

Carol Lynne Zimmerly

Carol Lynne Zimmerly Davenport Landlord / Tenant Lawyer

Posted about 14 years ago.

The eviction defendant is only given "24 hours" after the sheriff delivers the Writ. "24 hours" really means that they wait one calendar day to pass before they come back. So, if they serve on a Thursday, they come back Monday morning. No, the defendant is not given extra time to clean or move their items. They are removed from the real property / premises immediately and cannot come back on the land, can only stand outside the property line.
If you don't follow the agreement with the attorney, then the attorney can ask the sheriff to go ahead and serve the Writ and then you will have 24 hours to two days before the sheriff comes back and removes you.

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Asker

Posted about 14 years ago.

Ms. Grahm,

Thank you. I was never served with a writ of possession., just the court's order on motion to terminate tenancy. Is there any way I can forstall the eviction until the weekend. As mentioned, I cannot move anything, and I want to document the roach infestation. Right now, LL owes me some $2,800 in roach damages to artwork, electronics, and physician's visits due to my extreme sensitivity to roach carcasses & feces.

Carol Lynne Zimmerly

Carol Lynne Zimmerly Davenport Landlord / Tenant Lawyer

Posted about 14 years ago.

You can call the attorney for the Landlord and ask for an extra week. If the judge has signed the final judgment, then that's about all you can do....try to negotiate something.