 Property after eviction (by Kim [PA]) Oct 24, 2011 10:16 AM
 Property after eviction (by John... [MI]) Oct 24, 2011 11:05 AM
Property after eviction (by Wendy [NC]) Oct 24, 2011 11:39 AM
Property after eviction (by Kim [PA]) Oct 24, 2011 11:45 AM
Property after eviction (by Noel [PA]) Oct 24, 2011 12:13 PM
Property after eviction (by allin [VA]) Oct 24, 2011 12:48 PM
Property after eviction (by S i d [MO]) Oct 24, 2011 1:05 PM
Property after eviction (by Virden [OH]) Oct 24, 2011 2:57 PM
Property after eviction (by Susan [OH]) Oct 24, 2011 4:50 PM
Property after eviction (by Steve [PA]) Oct 24, 2011 5:52 PM
Property after eviction (by Paulio [PA]) Oct 24, 2011 6:25 PM
Property after eviction (by proofstyle [PA]) Oct 25, 2011 1:54 AM
Property after eviction (by Anny [PA]) Oct 31, 2011 2:17 AM
Property after eviction (by Becky [NC]) Apr 19, 2012 5:25 AM
Property after eviction (by Kim [PA]) Posted on: Oct 24, 2011 10:16 AM
Message:
State Specific Question About: PENNSYLVANIA (PA)
Hi group!
This is a question specific to PA. We are getting ready to do our first 'lockout' and very likely the resident will not have removed his personal property. How much time does property own have to give the resident to get their stuff out before we put it on the curb?
I think the rule in PA is not well-defined on this after talking to the local magistrate and a constable. I understand the rule of thumb is "a resonable time" but what is that. If anyone has experience on this, what have you done?
by way of context, I want this guy out ASAP and would love nothing more than to hire someone to throw his stuff on the street and then charge him for it. He is collectable. IN other words, I want his stuff out as quick as possible.
--64.78.xx.xxx |
Property after eviction (by John... [MI]) Posted on: Oct 24, 2011 11:05 AM
Message:
I don't have the answer for your state -- hopefully someone else will chime in with the details for you.
However, just to be very sure here, by "lockout", you mean that you have gone through the formal eviction process and they are being legally evicted through a court order, correct?
- John...
--216.111.xxx.xx |
Property after eviction (by Wendy [NC]) Posted on: Oct 24, 2011 11:39 AM
Message:
Can't help - in NC no way can a Landlord do his own lockout. After winning the eviction, you have to wait 10 days so the tenant can file an appeal if he wants. After that I'm unclear if you go back to court or just to the Sheriff (mine never went that far, they always left) but eventually, if they don't leave, the SHERIFF puts them out. --173.16.xx.xxx |
Property after eviction (by Kim [PA]) Posted on: Oct 24, 2011 11:45 AM
Message:
Yes - we have already won a judgement from this non-payer and now he has 10 days to pay or be locked out by the constable. In PA, at least this county, the constable padlocks the door or landlord changes over the lock on the 10th day. If the person's property remains in the apartment we have to hold it for a yet-as undefined amount of time and give them an opportunity to get it, which is what I'm wondering, what other landlords have done. --64.78.xx.xxx |
Property after eviction (by Noel [PA]) Posted on: Oct 24, 2011 12:13 PM
Message:
I would give him/her up to the date of the time the trash is to go out...so if trash day is Tues Morn..he/she has until Monday night to come get it...also have a constable or officer standing by to watch the move out if they do decide to remove belongings before your deadline. Keep tabs on your property, even with new locks, they may decide to retrieve their stuff in the middle of the night, thru the broken window.... --12.54.xxx.x |
Property after eviction (by allin [VA]) Posted on: Oct 24, 2011 12:48 PM
Message:
This is governed by local law. For me I pitch his stuff out to the road on the day the sheriff is there for the lock out. If there is a lot of stuff then I have to let the person in to get his stuff sometime in the next 24 hours. After the 24 hours all of his stuff becomes my cr@p. Call the sheriff and ask what the procedures are. --146.165.xx.xx |
Property after eviction (by S i d [MO]) Posted on: Oct 24, 2011 1:05 PM
Message:
Since the "he rule in PA is not well-defined" you need to seek the advice of a local, experience, landlord-tenant attorney who has done this kind of deal dozens (if not hundreds) of times. Our opinions and best guesses will not save you from an expensive lawsuit if you jump when instead you should have stepped.
Just for reference, in Missouri it is the county sheriff's deputy who attend the 'curb side assist.' I go to court, get my judgment, file for execution of the eviction order, then the deputy calls and schedules a "deadline" day for the tenant to be out approximately 3 - 7 days later. The deputy posts notice of the eviction order on the front door. If the tenant is not out on the deadline day, I may, with impunity, toss everything they own on the curb. Anything leftover after 24 hours is mine to dispose of (or keep or sell, etc) at my discretion.
I'll bet there is a pretty well-defined process for your area. Curious why your constable is ignorant of it? He should be doing this sort of thing regularly. --208.70.xxx.x |
Property after eviction (by Virden [OH]) Posted on: Oct 24, 2011 2:57 PM
Message:
Here we are required to use a licensed mover to set it all out, then it becomes a mad house of scrap pickers and furniture refinishers, we end up holding bags of clothes for the homeless pickup groups and church sales. Once it is empty get new locks on and brace the rear door shut somehow to keep the copper crooks away even if it is plastic piping - they want to inspect. --76.241.xxx.xxx |
Property after eviction (by Susan [OH]) Posted on: Oct 24, 2011 4:50 PM
Message:
Virden only speaks for his area of Ohio-here, we are required to have all the "help" we need to do the set out (no need to hire the pros) and once it hits the curb,it's fair game! (I'll admit to one thing-it isn't as much fun as one would think when you get to set the junk on the curb...too much work!) --65.189.xxx.xxx |
Property after eviction (by Steve [PA]) Posted on: Oct 24, 2011 5:52 PM
Message:
In Montgomery County, PA and I am sure in your county here is "the commonly used rule". Assuming your lease doesn't state the amount of time they have to remove their items after possession it is usually 30 days. Just to clarify, once possession is granted by the constable you need to keep their belongings for 30 days. You will not find the 30 day rule in the landlord tenant rules, but that is what is considered reasonable. With this said, i crudely pack the belongings up and store them in a garage. You can charge the tenant for storage. I charge them pack up cost and moving cost along with disposal cost. In this case I find out where they moved to and and file a civil action against them. I execute judgment against cars and I also do wage garnishments. All tenants get the judgment attached to their credit report immediately. You need to get the house cleaned up and back on the market immediately so dont wait for the tenant to retrieve their items. --71.225.xx.xxx |
Property after eviction (by Paulio [PA]) Posted on: Oct 24, 2011 6:25 PM
Message:
What Steve said. Technically speaking, in PA you don't have to keep the property a single day, but nobody ever, EVER recommends tossing it that quickly. Rule of thumb is 30 days. --74.212.x.xxx |
Property after eviction (by proofstyle [PA]) Posted on: Oct 25, 2011 1:54 AM
Message:
Technically speaking in PA when you accept possession of the property from the constable you also accept responsibility for the contents. The L/T statute specifies that you can move it to reasonable storage, but has no provision for disposal. The 30 day rule of thumb has been the basis for proposed legislation several times over the years. It has not passed. --68.83.xxx.xx |
Property after eviction (by Anny [PA]) Posted on: Oct 31, 2011 2:17 AM
Message:
I was advised by the constabe 10 days. That was over a year ago., if it changed I am not aware. --75.75.xxx.xxx |
Property after eviction (by Becky [NC]) Posted on: Apr 19, 2012 5:25 AM
Message:
What happens at the first hearing with the magistrate? My landlord is trying to evict me. How many days will I have to move out after the hearing? I live in NC. Not really sure about the tenants laws here. I always thought that the court would give me atleast 30 days to move out. I am very confused about all this. Can't afford a lawyer....
Thanks! --67.238.xxx.xxx |
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