I have to do another forced eviction in the morning.

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So come 6 am( if the LEOs show up on time.... never have before) I'll be doing a forced eviction.

A little base line, guy lost his wife, got into meth, no rent for 6 months. I know nothing about him other then what was on his renters app and credit report. He was a bean counter, clean credit.( or was til about 9 months ago.) There will be 2 officers an employee of mine. You can not carry a gun.

What would you do?

I've done this many times before, I do have a game plan. I'm just looking for some imput. I will have a legally stored shot gun in the truck, just in case...


edit almost forgot, I would not count on the LEOs to do anything other then hand them the paper work...I would not expect them to stick around more then a few mins or do anything more then give the guy the boot.
 
I would not expect them to stick around more then a few mins or do anything more then give the guy the boot.
Click to expand...

What more is there? Hang back and let them do their part, then if he's still there after a certain time (hours, days, whatever your rules/regs are), get the boys in blue and go pay another visit for forced removal.
 
Well since I am paying for them to be there( and have no choice in the matter) I'd expect them to stay around long enough for me to alteast change the locks( 10-15 mins tops)
 
When I was serving writs of restitution for my sheriff's office, the plaintif got it all... we deputies stayed on scene until the defendant was gone, and we kept the peace.

We encouraged both parties to make reasonable arrangements for removal of property; the plaintif can't just throw everything out or otherwise dispose of any of the defendant's property for 30 days.

That was a couple of years ago, but I'm certain it remains the same at my office. We took care of our plaintifs: they were paying the sheriff's office for a service, and they got it.
 
Why don't you just ask them to stay around? Most officers would rather stand by and keep the peace rather then respond to an incident later.
 
I've done a bunch of these( 30-40) The only time they have ever stuck aroud is when they found drugs in the house... My exp with these is they never show up on time( and they set the day and time), some times they don't show up, They never contact you and they are out of there as soon as the tenant walks out the door. These are not "beat cops" thier job is stickly serving people notices. If something bad happends, they will not be responding to the call.

They really are clerks that just happen to be LEOs, not LEOs that just happen to be clerks.
 
long story short, no body was home...

I was the 1st on of the day for them, yet they were 41 mins late, didn't even look at the paper work. They cleared the house, posted the notice, they were there for a total of 4 mins. The 2 officers they sent, one was out of breath walking up the steps. The other was a 5'2" women that was maybe 85 lbs.

I felt safe... worth every penny of the $165 I had to pay to have them do this( they are the only ones that can by law)
 
You can not carry a gun.
Click to expand...

You should be able to legally carry on your property or at work. If the apartment building is your business you can carry there too.

I would have a locksmith there waiting.
 
Trust me they knew... they knew two weeks ago.

yes they did, thats SOP, I even pulled the floor plans from when I remodeled the building 5 years ago. They were not intrested in them one bit. I have never found the officers they send to do this service( which by law only they can do... and I must pay for) are the least professional officers I have ever delt with.

As I said, they send clerks that just happen to be LEOs, not LEOs that just happen to be clerks.
 
In my state, the rules if civil proceedure govern evictions;
First- landlord/plaintif serves a three-day noticeto quit
failing that, he can have the Sheriff's office civil process division serve a 3-day summons and complaint. After that a writ of restitution can be used to remove the tenant. The JUDGE decides what level of force and the timeframe for action the Sheriff may use; up to and including breaking in and forcibly removing the defendants. forthwith. immediately upon reciept.

I'd think it similar in most States. Like I said in my earlier post, while enforcing the writ of restitution we Deputies will stay on scene until the defendant/tenant is GONE, the locks are changed, and the tresspass warning issued.
 
See, there's the thing. I'd of carried a damned gun anyways. Sorry, I know it's illegal and that I probably shouldn't say this on a forum, but that's your life you're protecting in that situation, it's not for personal gain or anything, you're not doing it to rob him, you're doing it to protect your own ass.
 
Am I missing something here? Isn't the forced eviction a court order and the reason the cops are there is to enforce the judgement? If you've done this before do what you normally do. Have the papers served, request they vacate the property and if they don't request the cops to remove the trespassers..


C
 
I sold the three houses I rented out before the big housing crash. I will never rent again. It simply is not worth all of this every time some loser feels as though you owe him free rent for the rest of his life because you made the mistake of renting to him.
 
Sorry to hear about your financial loss for the six months of lost payments. Some state laws give more legal rights to the renter than to the landlord when it comes to "carrying property" as I call it. Who carries the note? Landlord. Up to a year in some states. In my neighbor's case it took him a year to evict his "loser" It cost him 12 months payments on that house.
 
You've got a job to do, perform your duty. I've been in your position, I can't say I've ever liked the idea of being the "bad guy", however personal feelings take a bye concerning a situation of this sort. My deepest sympathies and prayers go with you and to the family/individual involved. During the Christmas Season, it is, indeed, a hard time to be in your position. My prayers go out, too, for the individual whom has placed the others in this predicament. Behind the scenes, there is nothing glamorous in this duty and words will not erase what will have to come. "There, but for the Grace of God, go I."

C Jackson
 
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