48 Hour Notice/Physical Eviction FAQs


  1. Do weekends count as part of the 48 hours?

No.  You must give the tenant a full 48 hour notice not including weekends.  So if your tenant was served the 48 hour notice Friday at 1:00 PM, then the eviction would be taking place Tuesday at 1:00 PM at the earliest.

 

  1. Is the landlord responsible for paying for the Physical Eviction upfront?

Yes.  The cost of the Constable and movers are paid upfront by the landlord prior to service of the 48 hour notice.  Mover prices are based on a per room basis.  For a breakdown of total cost please contact us.

 

  1. What happens after they are evicted?

We complete a return of service for the court stating the manner in which the tenant was evicted and the cost of eviction.

 

  1. How do I get that money back after I evict my tenants?

All back owed rent and cost of eviction is the responsibility of the tenant if awarded to you at court.  After the Execution for Possession has been returned to the court, the landlord can then file a Supplementary Process to include the cost of evictions. There are a number of ways to recover that money with each case being different.  Visit our Judgment Recovery page to get an idea of what you can do to get that money back.

 

  1. What happens if my tenant leaves before the 48 hour notice expires?

Depending on the manner in which they left will determine whether you have to go through with the physical eviction.  Please contact our office so we may guide you in the best direction.  

 

  1. Does the landlord need to be there for the physical eviction?

You are not required to be there, but we will need somebody with access to the property so we can gain entry.

 

  1. Why does it take 10 days for the court to send me the Execution for Possession?

The tenant has the right to appeal the courts ruling during those 10 days.