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what happens to belongings after being evicted?
I'm writing a story, and I want to stick to some level of accuracy.
What happens to furniture (bed, desk, bookcase, etc.) when being evicted? Is this the same with personal belongings (DVDs, books, electronics, etc.)? All details you could provide about the process (lots of details, please) would be very appreciated.
As always, thank you for your help
P.S. I had previously asked this question but received a large amount of variation in answers (particularly with whether or not the belongings are placed in the owner's care and they may do with them what they wish, or if they are just left on the curb). I want this to be as accurate as possible so if you need a place of reference to look up a law, try Boise Idaho (and please provide any links used). Thanks!
@ R P
I have tried, but I couldn't find anything. I figured that there would be many people familiar with the process (whether through personal experience or profession) on here.
Idaho law says nothing about junk left behind. You get 5 days to get your stuff out and as I read the law anything left in the unit at the time of the lock out is property of the landlord.
Not many of us are in Idaho, that is why we are unfamiliar. Every state is different. Some require the landlord to store anything worth more then 300 bucks, and to throw away anything less. Other require everything to be on the public street, where people take it all away pretty quickly. Idaho appears to give all possession to the landlord.
If the person owes money, it is possible that the belongings will be seized by the bank the person owes money to and will be sold to make up for the outstanding balance.by ragtagkittycat - 3 years ago
This is what most states require the landlord to do.
If an eviction is obtained, the tenant is given a date to be out. Landlords cannot just kick you out with no notice, they have to go to court for an eviction...no exceptions.
Once that date is obtained, the tenant has to be out by that date and the tenant should take their belongings with them.
If they are not out by the requested date, the landlord only has to store your belongings for 30 days. They can choose to leave them in the apartment (and they charge you for the rent for that month) or they can pack them up and store them in a storage locker and pay for one month (again, they charge this back to you).
But at the end of the 30-days, the property is considered abandoned and the LL can dispose of the property in any manner they wish.
If an individual is forcibly evicted (as in, the landlord files for a writ of possession and it's granted through the courts), then the sheriff serves the tenant with notice that they are to leave within the specified time frame (varies by state). If the tenant does not, then the sheriff meets the landlord at the property and is present while the owners of the property move the evicted tenant's belongings to the curb. The sheriff forcibly removes the tenant if the tenant won't cooperate.
If you're forcibly evicted as a tenant and have your belongings dumped on the curb, you don't have any legal recourse if you belongings are stolen. If any property is left on the property, it is considered abandoned and after a certain period of time, the landlord can do whatever they want with it... store, sell, throw away, donate. The evicted tenant may have a certain time frame in which to claim stored belongings, but you'll have to look up info on your state's laws for specifics.
If you are evicted you are given a court date and then given a date you move move out by so you take your things with you.
Source(s)by Janice 10 - 3 years ago
Why don't YOU read Idaho's state statutes on landlord tenant laws? Not every state is the same when it comes to evicted tenants' possessions.
In FL, once the sheriff executes the Writ of Possession and puts you out on the street, the landlord puts all your stuff left behind on the curb. Neither he nor the sheriff's dept are responsible for what happens to it at that point.
Source(s)by R P - 3 years ago