QUESTION
After the sheriff knocks on the door will I still be able to retrieve the rest of our belongings or do we lose everything?
Asked on Sep 11th, 2012 on Landlord and Tenant Law - Alaska
More details to this question:
I was served a notice to vacate and have to be out by 6:01 am via sheriffs, I haven’t been able to get all my belongings out or find another place to live. I have 6 children here, after the sheriff knocks on the door will I still be able to retrieve the rest of our belongings or do we lose everything?
10 ANSWERS
Once the sheriff escorts you out, if you return to the premises, you will be trespassing. If you take anything left behind, you will be stealing. Why did you wait so long to deal with this situation, especially with 6 children? Where will they go? You shouldn't be wasting time posting questions on legal websites when you need to put a roof over your kids' heads- you need to sort your priorities!
Answered on Sep 16th, 2012 at 3:23 PM
Your landlord will be obligated to store it for 30 days before disposing of it. He can charge you the actual costs of removing it and storing it before releasing it to you.
Answered on Sep 16th, 2012 at 3:23 PM
You don't lose everything. You are entitled to recover (without payment to the landlord): "clothing and the tools, apparatus and books of a trade or profession and any identification or financial documents, including all those related to the tenant's immigration status, employment status, public assistance or medical care." (See ARS Section 33-1370(G)). The rest of your belongings you may recover by paying for moving and storage costs, BUT NOT rent, late fees, attorney's fees or any other amounts. You must give the landlord a five day written notice that you want to recover your personal property.
Answered on Sep 16th, 2012 at 3:22 PM
Construction Attorney serving Bloomfield Hills, MI
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Law Offices of Jeffrey Z. Dworin
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Most court officers (not all) will post the eviction notice and give 24 hours to move out before moving you out.
Answered on Sep 16th, 2012 at 3:16 PM
Dennis P. Mikko
When the sheriff comes to evict you, the sheriff will move your belongings out of the rental to the curb. You will be able to take your belongings with you but should be prepared to do so immediately so that they are not stolen.
Answered on Sep 16th, 2012 at 3:15 PM
Leonard A. Kaanta
The sheriff will move your belongings on to the street.
Answered on Sep 16th, 2012 at 3:15 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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They will come with movers and put your stuff on the curb for you.
Answered on Sep 16th, 2012 at 3:14 PM
Lisa Hurtado McDonnell
The sheriff will allow you grab essentials ( if you have a vehicle I have seen most sheriffs let you fill the vehicle) and you can arrange for a later date to move within 30 days after being served the restitution order. However after 30 days the landlord can dispose of your possessions inside his property in any manner he wishes. Go to your local shelter, they have some family housing and grants for rapid re-housing (they will pay deposits or rent for a little while and help you budget better) also check with the local churches: LDS bishop or Catholic community services.
Answered on Sep 16th, 2012 at 3:14 PM
Everything will be removed from the house and placed at the curb. It is up to you to get your things to some other protected place.
Answered on Sep 16th, 2012 at 3:14 PM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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In my jurisdiction, Alaska, the landlord is responsible for storing the tenant's stuff left after eviction for 30 days before disposing of it. You should check on the law in your jurisdiction.
Answered on Sep 16th, 2012 at 3:13 PM