I'm in the process of being evicted from my apartment because I've fallen behind on rent. My court date is in about a week and I'm assuming I'm going to lose because the simple fact is that I haven't been able to pay my rent. I'm more concerned about what happens to all my stuff at this point. I'm unable to move it out to storage or anywhere because of lack of funds and transportation. When the eviction date comes, will all my stuff just get thrown out onto the street? Do I have any other options to stop this? Thanks!
Estate Planning Attorney
Per law, the sheriff hired to conduct the eviction will move your personal belongings to a bonded storage company, who will then provide you with a notice of the charges and your rights to recover the property. Charges for storage will accrue and you can only get your property if you pay the storage fees. If you haven't done so within six months, the storage company may sell your property and retain the proceeds to the extent to cover the storage fees (you can postpone the sale three months by paying half the storage fees).
Additionally, you can also request the sheriff store your belongings at a different location to avoid the storage fees, but you must notify them of this in writing before they move the property.
Michael Gove is licensed to practice law in Massachusetts and Connecticut. He can be reached at 413-735-8037 or at firstname.lastname@example.org. This answer shall not be considered legal advice and does not create an attorney/client relationship. This answer provides general information about the issues raised by the questioner, and the answer provided can be affected by many other facts or dates not disclosed. The questioner should confer with an attorney in his or her state.
Real Estate Attorney
I agree with Mr. Gove. If you get a storage unit now and give proper notice you may save some money in the long run.
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Employment / Labor Attorney
Since the landlord has to front the money for the sheriff and the storage fees, a smart landlord will give you some cash to move your things to storage. If you're willing to leave but are hampered by lack of moving funds, you may be able to get a settlement.
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Lawsuit / Dispute Attorney
The landlord (LL) cannot move your belongings into the street. The LL needs to hire a sheriff or constable (officer) to serve the Execution, which will not be issued until 10 days after judgment enters for possession. The officer needs to serve notice 48 hours in advance and to advise where the items will be transported to and stored. The items need to be stored in a bonded storage facility. The state has a list of approved storage facilities. You will be given limited access, without charge, to get some personal items.
As it was mentioned, this process is very expensive for a LL and if you cannot pay your rent it is unlikely that the LL will recoup the funds from you. It is best for everyone to work something out for you to leave, with your belongings, on your own. A smart, and well counseled, LL will offer this money, or a portion of it, to you for moving out on your own. I attached a link to some information about the storage law.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.