By Lane V. Erickson, Attorney
The final step in the judicial process of an eviction is the physical removal of the tenant from the premises. Although it may seem strange, it is very common for tenants to not voluntarily leave the premises, even after the judicial eviction trial is over and the judge as entered an Order or Judgment for Eviction. Some tenants will simply stay in the premises until the bitter end.
A landlord who has received a Judgment for Eviction is entitled to seek Writ of Restitution or Writ of Possession from a court as well. A Writ of Restitution or Writ of Possession is a documents signed by the judge to the Sheriff, ordering the Sheriff to remove the tenant from the premises. Essentially, the landlord can then force the tenant out of the premises.
This occurs when the landlord provides the Writ of Restitution or Writ of Possession to the county Sheriff together with a Letter of Instructions, which tells the Sheriff how to proceed. A Writ of Restitution or Writ of Possession is an order from the Court to the Sheriff which the Sheriff must follow.
In theory, a Sheriff could receive a Writ of Restitution or Writ of Possession and Letter of Instructions and immediately proceed to remove the tenant and his belonging from the premises. However, the practice of most Sheriff’s is to serve the Writ upon the tenant early in the day with instructions that the tenant has until 5:00 pm to leave.
Forcing a tenant out of the premises can be an expensive step for the landlord. If the tenant has not left the premises by the appointed time, or in instances where the Court’s order does require immediate removal of the tenant, the Sheriff will likely seek an upfront payment from the landlord to cover the costs of removing and storing the tenant’s possessions. These costs vary from county to county but are usually between $750 and $1,500.
If a Sheriff has removed the tenant and has placed the tenant’s property in storage, the Sheriff has the ability to obtain payment from the tenant before releasing the tenant’s property. Should the tenant fail to pay, the Sheriff is then able to hold an auction and sell the tenant’s property. The monies from such an auction are used to defray the costs associated with the removal and storage of the tenant’s property.
If you have any questions about the eviction process, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Landlord and Tenant Law and Real Estate attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Landlord and Tenant Law and Real Estate questions and will help you solve your Idaho Landlord and Tenant Law and Real Estate needs.
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