If I lose the eviction hearing, when can I be put out?

If I lose the eviction hearing, when can I be put out?

If the magistrate court rules against you, it will issue a Writ of Ejectment. 

A copy of the Writ of Ejectment can be found at the end of this Classroom and in the Forms and Materials section.

This is the legal document that permits law enforcement to physically eject people from the property.  The law requires the magistrate to issue the Writ of Ejectment within five days after ruling in favor of the landlord.  The Writ must then be served on the tenant.  The Writ can be served either in person or by posting it on the front or back door, or in the most conspicuous place on the building. 

If the Writ is personally handed to the tenant (or someone else living there), that starts a 24-hour clock.  A sheriff's deputy can return 24-hours after the Writ is served and physically eject anyone living there.

The rule says that the deputy "may then enter the premises by force, using the least destructive means possible, in order to effectuate the ejectment."  In many places, law enforcement might serve a Writ more than 24-hours before the set out date as a matter of local policy, but the statute only requires a 24-hour notice.

If no one is present to accept the Writ in person, but the premises appear to be occupied, then the Writ must be posted on the front or back door, or in the most conspicuous place on the building.  Twenty-four (24) hours later law enforcement may return, and if the premises are still occupied, a sheriff's deputy may eject the people who are still there.

 If any remaining tenant is elderly or ill, the deputy has discretion to delay the ejectment.

File Attachment: 
NSMI tag: