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Eviction Process

Once the Warrant has been served the landlord will be notified by mail and will need to contact the Civil Division to schedule the removal (607) 257-1345.   

If at any time it is determined by the landlord that the Sheriff’s Office is no longer needed, the landlord should notify the Sheriff’s Office in writing as soon as possible.  This may be faxed (607) 266-5436.

 

Removal procedure:

 

The Sheriff’s Office will be present at the removal to see that the Warrant is enforced properly. 

The actual removal of the tenant(s) personal property from the address in the Warrant is required.  Prior arrangements need to be made by the landlord for movers (a moving company is strongly recommended) and a locksmith to be on-site at the time of the removal.  If the landlord does not have sufficient personnel and/or equipment (boxes, bags, moving trucks, etc.); or the landlord does not show, the removal will be canceled with additional fees for rescheduling (the minimum charge will be one hour of labor including fringe benefits for the deputy(s) that responded).

In an effort to protect all parties from loss, theft, or damage it is strongly recommended that the tenant’s property be moved to a secure storage facility, not placed curbside.  Questions regarding the length of time you are required to store the property should be directed to an attorney.

The landlord is also responsible for having the locks changed on the premises (at the time of removal) after the tenant’s property has been removed and the premises turned over to the landlord by the Sheriff.

It is expected that the removal is completed within the officer’s regular work schedule.  If the Deputy is required to work beyond his/her regular hours the landlord will be charged for the Deputy’s overtime.

Removal can only occur between the hours of sunrise and sunset.  If the removal cannot be properly complete by sunset the landlord will be responsible for paying the Sheriff overnight security.

*If the Eviction involves a mobile home in a mobile home park, the mobile home is considered personal property and therefore must be removed unless otherwise ordered by the Court.

The tenant(s) property cannot be withheld from them.  The landlord must release the property to the tenant(s) upon request.