Can a Sheriff Evict You on Weekends?
Sheriffs usually will not carry out an eviction on the weekends, and in some places, it’s against the law. However, each state has unique rules regarding weekend evictions and whether they are permitted. Some states will allow weekends in the case of an emergency, such as if there is criminal activity going on or a threat to someone’s safety. But in most cases, the sheriff will carry out an eviction during regular business hours if possible.
Can a Sheriff Evict You at Night
In general, the sheriff’s office cannot evict a tenant at night and will always try to handle it during the day whenever possible. However, in certain circumstances, they may be granted special permission from the court to perform a nighttime eviction, especially if they are securing the safety of another person.
What Influences When a Sheriff Comes to Evict?
- Local Laws and Regulations
- The Number of Current Eviction Cases
- Current Workload of the Sheriff’s Office
1. Local Laws and Regulations
The laws regulating evictions are different in every state, city, and county, which means the exact timeline will vary depending on the municipality. Landlords are typically required to follow a set of protocols and wait a certain amount of time before moving forward with the eviction. However, the exact steps can change dramatically depending on where you’re located.
Some states require ten days’ notice before starting the eviction process, while in other cities and states, they may only require five days. Also, some jurisdictions restrict when evictions can occur to accommodate weekends and holidays. So, the local laws and regulations will have a significant impact on the timing of your eviction.
2. The Number of Current Eviction Cases
Whether or not the sheriff is dealing with other eviction cases will also impact how quickly they can evict you. If you’re the only eviction case they have to deal with, they may be at your front door a day or so after your court hearing. However, it may take significantly longer if they are backed up and have ten other cases to deal with before they get to you. This will largely depend on the size of the city or town you live in and whether the local sheriff’s department has the workforce and resources to keep up with all the current eviction cases.
3. Current Workload of the Sheriff’s Office
The current workload of the sheriff’s office is another factor that can impact how soon they can carry out the eviction. If you live in a small town with very little other crime, the sheriff may show up to evict you much sooner than if you live in a large city where other serious crimes may take precedence.
This can also be impacted by the size of the sheriff’s department and how many officers and resources they can put toward evictions. Some evictions also take precedence over others, for instance, if there is illegal activity involved or the tenant has made a threat toward the landlord. So, the availability of the sheriff and the urgency of the case will have a significant impact on the timing of your case.
What Happens When a Sheriff Comes to Evict You?
- The Sheriff Will Provide Notice
- Marshalls Will Show ID and Documents
- You’ll Be Ordered to Leave the Apartment
- You'll Make Arrangements to Recover Your Belongings
1. The Sheriff Will Provide Notice
Before they physically show up at your door, the sheriff will provide written notice to vacate the property, or they will forcibly evict you. The notice will usually tell you how much time you have to leave the premises before they arrive. In some places, they will let you know exactly when they plan to show up, while others can arrive at any point after the notice to vacate has been issued. So, to avoid being forcibly removed, you should make arrangements to leave as soon as possible.
2. Marshalls Will Show ID and Documents
If you don’t choose to leave peacefully on your own, the marshals will eventually show up to escort you off the premises. When they arrive, they will show you identification and provide proof of a warrant for an eviction. So don’t be afraid to ask for proper documentation from anyone who shows up to try to evict you.
3. You’ll Be Ordered to Leave the Apartment
Once the marshals provide identification and court documents confirming the eviction, you will be ordered to leave the apartment so they can change the locks. They are permitted to use force if you refuse to let them in. So, it’s in your best interest to cooperate and comply with any requests.
4. You'll Make Arrangements to Recover Your Belongings
You may need to make arrangements for your belongings if you hadn’t fully moved out by the time the sheriffs came to change the locks. Typically, the sheriffs will move any leftover belongings into a storage unit, which you can access after the eviction. Reach out to the sheriff’s office to find out how to recover any additional possessions. But make sure to act quickly because, in some places, the landlord has the right to sell or dispose of your belongings if you don’t claim them within a certain window of time.
When Can the Sheriff Evict You Bottom Line
While the exact timing of eviction will vary depending on local laws and the availability of the deputies responsible for carrying out the process, you can expect it to occur on a weekday during normal business hours unless other factors are making it more urgent. You may receive notice from the department telling you when they will arrive, or they may show up at any point once the court has ordered you to vacate. So, it’s best to start preparing as soon as you’ve been ordered to leave by a judge and comply with all the marshal’s instructions if you want the process to go smoothly.