48 Hour Notice/Physical Eviction

Once you receive the Execution for Possession from the court (usually 10 days from the judgment date) you may now bring this to SCCO to begin the process of physically evicting your tenant.

For residential properties (commercial no notice is necessary) prior to physical eviction the tenant must be served a 48 hour notice.  The 48 hour notice will state date, time, Constable, moving company and the warehouses address where the tenant’s belongings will be stored.  This notice must be a full 48 hours not counting weekends.  The scheduled date of move has to coincide with court hours and days of operation for all residential properties (commercial properties can be moved out on Saturdays).  So the physical eviction must only start when the court is open.

Prior to serving the 48 hour notice the moving company must be booked for that date and time.  All fees for the moving company and the Constable must be paid in full prior to serving the 48 hour notice.  If there is a cancellation, fees would be determined based on when proper notification of the cancellation took place.  For SCCO and the moving companies fee structures please contact our office.

Once on scene we will begin by securing the property and removing anybody still inside the premises.  We then take pictures of the unit noting any damage that we see.  We secure a No Trespassing sign on the door making it very clear that if the evicted tenant tries to enter the premises then they could be arrested for trespassing.

Once the property is secured, the movers will remove all of the tenant(s) belongings, bringing them to their licensed and bonded warehouse.  The tenant is responsible for the storage cost, having to pay the movers storage fees if they want to recover their possessions.

Once the property has been secured and emptied of all the tenant’s belongings we will give possession of the property back to the landlord.  The landlord will want to change the locks while the Constable is on scene.

We will complete a return of service stating the manner in which the tenant was moved out citing total cost of the eviction.  The original execution will be returned to the court with a copy mailed to the landlord for their records.

At this point you may begin the process of trying to recover the money it cost you to evict your tenant and any other money awarded to you.  Click on this link judgment recovery to see some options of how to collect on that unpaid rent.