Swift Rent Recovery and Property Possession: Residential and Commercial Units
Expedited Rent Recovery and Property Possession
Enforcing an eviction order typically involves the following steps:
- Issuing a “Notice to Quit”: The landlord or their appointed agent serves a notice to quit to the tenant, informing them of the required date of vacating the premises.
- Bailiff’s Visit: A bailiff accompanies the landlord to the property to deliver the notice to quit to the tenant in person.
- Vacating Notice: The notice to quit specifies a deadline of 7 days for the tenant to vacate the premises. If the tenant fails to comply, the landlord can proceed with further eviction action.
- Affixing Notice: If the tenant is not present or the property’s entrance is locked, the bailiff will affix the notice to quit to the exterior of the property.
- Verification: After 7 days from the issuance of the notice to quit, the bailiff schedules a follow-up visit to assess the situation and facilitate property possession.
- Property Possession: If the tenant has vacated the premises, the landlord or their agent will regain possession of the empty property.
- Non-Compliance: If the tenant remains in possession of the property, the bailiff will notify them of the confirmed date for mandatory vacating.
- Property Recovery: The bailiff’s primary objective is to facilitate the landlord’s recovery of the property. If necessary, a locksmith will be summoned to gain entry.
- Inventory of Possessions: The bailiff will prepare an inventory of any personal belongings or property left behind by the tenant.
- Photographic Documentation: The bailiff will take immediate photographs of the inventoried items to document their condition. This service incurs a fee of $40 per case.
- Removal of Possessions: The landlord is responsible for arranging the removal of the tenant’s belongings and property. The landlord has a legal obligation to safeguard the tenant’s possessions and return them upon request.
Simultaneous Enforcement of Eviction and Distress Warrants
In certain circumstances, landlords may simultaneously enforce both an eviction order and a distress warrant. A distress warrant authorizes the seizure and sale of the tenant’s belongings to recover unpaid rent.
Key Distinctions:
- Presence of Security Guard: When enforcing a distress warrant, a security guard will be present to oversee the property and its contents.
- Holding Period for Possessions: The tenant’s belongings and property seized under a distress warrant must be held for at least 8 days before they can be auctioned off.
Immediate Assistance:
For prompt assistance with rent recovery and property possession matters, contact our free hotline at 67533333.
