Mahogany Knowledge Tree

Law You Right: Tenant Is Refusing To Leave

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Know Your Rights: Dealing with Tenants Who Won't Leave
Myeven though they’ve been evicted for weeks. what process do I take next to get them to leave?

I’m not sure what you mean by “Evicted for weeks”.

In most jurisdictions, “evicted” means you have gone through a complete Eviction Process, and when you’ve done that, they are out, period.

You do an eviction notice (Notice To Vacate), which gives them a few days to leave.

If they don’t leave you file an eviction suit, and at the trial, a judge (usually a Justice Of The Peace) decides whether you have legal cause for eviction or not.

If you DO, then the judge grants you a judgment for Possession.

If they don’t leave within a few more days, at that point, you can apply for a Writ Of Possession, which the judge will issue.

The Writ Of Possession is a court order, from the judge to a County Constable or County Sheriff, instructing that he remove the tenant and all personal possessions from the property, using any necessary force.

That is executed when you meet a deputy at the property, and you bringing with you a locksmith and a moving crew.

The deputy removes (by force if necessary) all persons occupying, and prevents them from creating a Breach Of The Peace while your moving crew empties the house, stacking everything out at the nearest Public Property.

While this is happening, the locksmith re-keys all the locks.

So, there’s no such thing as a tenant refusing to leave after they’ve been evicted.

Removing everything and everybody, with their cooperation or not, is part of the eviction process.