The role of the Constable is to serve the court's order to enter and take possession of the premises, keep the peace and return said premises to the Plaintiff in a secure manner.
Residential evictions require a minimum of at least 48-hours' notice to be given to the Defendant(s)/Tenant(s) This office will draft and serve said notice once we have received all appropriate information and scheduled a mutually agreeable eviction date.
Saturday, Sunday, and holidays cannot be counted towards the time given in said notice. Commercial evictions do not require notice to be given however may be given at the request of the Plaintiff/Attorney.
No person shall enter the premises before the scheduled date and time of the eviction. Upon entering, the Constable shall enter before anyone to ensure a safe environment. After the Constable has deemed the premise safe, an entry will be permitted.
If you have prior knowledge that the tenant(s) will not be on-site the day of eviction, you should attempt to: Get in writing, a release from the tenant deeming anything left in the premise as trash to be discarded if items are
Get a valid phone number and new address for the tenant
If the tenant is not present and there is no release deeming items as trash, then any items left in the premises must be taken to the warehouse unless clearly rubbish.
If the tenant is present the same release should be signed for items left after the eviction.
In most cases, tenants may be allowed to stay during the eviction to assist in determining items to be taken. Reasons that the tenant(s) may not be allowed to stay during the eviction are:
Plaintiff does not wish them to be there
The tenant is uncooperative
The tenant is under the influence of alcohol or drugs
The Constable feels that the Tenant staying may pose a threat to the safety of any person, including themselves.
Once the moving company has finished, the Plaintiff and Constable will perform a walk-through of the premises. If satisfactory to the Plaintiff and the locks have been changed, possession of the premises will be returned to the plaintiff. Possession cannot be returned to the plaintiff (Constable may not leave) until locks are changed and premises is deemed secured.
It may not be a good idea to cancel a moving company unless you are 100% sure that there is nothing left on the premise to be moved. If there are items that cannot be deemed as trash, it may cost additional moving fees to have the movers come after canceling. Make sure you contact a reputable Locksmith or knowledgeable person able to change the locks. Many cases are prolonged due to inexperienced or unprepared handymen and may result in additional fees.