A warrant of eviction is a court order, signed by a judge. It directs the Sheriff’s Office to put the petitioner/landlord into full possession of a particular premise. Persons and property are vacated from the real property.
A landlord using various forms found in stationary stores may draw up the warrant. You may also consult an attorney to prepare the paperwork for you.
The landlord must first issue a written notice to the tenant ordering them to vacate the premises. If the tenant does not vacate the premises, the landlord would contact the court in the town where the property is located. The landlord requests a warrant of eviction from court. The signed warrant of eviction would be submitted to the Civil Division so a civil law enforcement officer can execute the warrant.
It is important that the warrant show exact detail of the premise to be vacated. For example, evicting tenants from 123 Main Street is different than stating the eviction will take place at 123 Main Street, 1st floor, Apartment B2. The paperwork must be drawn up precisely.
When the Sheriff’s office receives a warrant of eviction, the papers are processed where they will be assigned to a civil law enforcement officer. The officer must allow the tenant a minimum of 72 hours to vacate the premises. All evictions are performed according to the civil officers work schedule.
The officer will contact the landlord or attorney informing them of the date and time of the eviction. Once a date and time has been set, the officer will inform the landlord or attorney to arrange the “manpower” needed to remove any belongings that may be on the premises. The purpose of the eviction as assisted by the officer is to remove the tenant from the premises. The Landlord is responsible for removing all personal items from the property.
The tenant may feel they are wrongfully being evicted. They may appeal the court by filing for an Order to Show Cause (OTSC). The OTSC must be presented to the Civil Division prior to the finalization of the eviction. If the Civil Division receives an OTSC an automatic stay will be granted. The OTSC gives the tenant another chance to go before the judge and state their case. The judge will make a decision either by upholding his or her earlier decision in favor of the landlord, or finding in favor of the tenant. The Civil Division will abide by the rules set forth.