Eviction day process question. Eviction crew?

Question

I will have my first eviction on Tuesday. My property manager said I will get to keep the deposit minus what he pays for the eviction crew. It will be $400 unless we have a crewof our own. What does the eviction crew do? To get the tenant out? Clean the house? Dose $400 sound right?

Richard Balsam · Answer

You must have enough people to do the trashout to completely empty a house within 90 minutes. This is defined as 5-6 guys in the law- but you may need more if nothing is removed and they are a packrat. Do not second guess the law here in Georgia. The laws are landlord friendly- until you don't follow the law.

There have been cases where the evicted tenant sues the landlord up to the maximum allowed under small claims court. Here it is $15K. Want to pretend they won't do it? Just do as you wish- and don't have 5-6 guys there with the Sheriff signing off on the trashout.

Remember...Georgia separates "possession" from "title" in the property. You are looking for possession of the property with the eviction. When the Sheriff signs off, the county is giving you possession back-  although most wait 24 hours before throwing out anything. They have every right under the law to sue based on you not following the law- and they can claim they had $15K in cash, diamond ring etc - missing due to your money saving trashout - done improperly                ( remember that "possession" thing just mentioned?). The judge must rule - the poor evicted tenant with possession of his property vs the "rich" landlord - that didn't follow the law...neither have proof of what was missing - and judge must rule...I wouldn't take that bet... I've heard stories from criers at the courthouse steps regarding this.

Yes...there are many times I hire an eviction crew and there is nothing in the house. I have to pay them $250 to stand around and leave once the Sheriff walks through the house and signs off that the eviction was done correctly. Then...you are allowed to step onto the property and change the locks.

It costs real money to follow the law - even if it seems unfair. I'm in the middle of two foreclosures from owner financed homes. One has to be disclosed 30 days before we advertise the home going to auction (another 30 days)- meaning- he is allowed a minimum of 60-90 days staying in the house free - plus the months he didn't pay - think your eviction is expensive?!!!!!!! The law is the law. I find out unusual things all the time.

Thelonious Jones · Answer

In GA you have to have I believe 5 or 6 people present to do the set out it is the law, not including the marshall.

$400 is not a bad price.

However they will just set the items on the curb, they are not cleaning the house.

Kelli Huang · Answer

so, this might be dumb but what happens if the tenant doesn't take the stuff on the curb? Isn't it eventually my responsibility to have to dispose them?or is the law requiring the tenant to get rid of her things?

Matt Sicignano · Answer

I recently did an eviction in Cobb County-exactly as stated, and personally moved the items out, along with (actually only 2) friends. It was a 2 bedroom condo so the Sheriff  was not a stickler. I specifically said Cobb County because that's what happens there.  You have possession of the property (that's what the "writ of possession" is) . Why would the Sheriff allow a private company access to the property and not the owner? Doesn't make sense. They are not sanctioned by the Sheriff or the courts.  You are correct about the "expediency" part though, except its for the Sheriffs time-not yours.  He's not going to wait around while one guy sorts through the stuff all day. You can certainly hire a company to do that for you, much like you can hire someone to do anything for you.

Richard Balsam · Answer

@Matt Sicignano

You are correct that the sheriff will give the occupants a few minutes to gather their immediate property- such as jewelry, computers, etc - while the Sheriff is waiting on the doorstep for all occupants to leave the premises. I have never seen, or have had any eviction where after this few minute period, the "owner of possession" is allowed anywhere on the property while the personal belongings are removed from the house. In fact- the Sheriff will tell you to remain off the property and tell you when you are allowed to step foot onto the property.

I have had too many evictions to count in Gwinnett county - always the same procedure. I must wait on the sidewalk -until all belongings are removed, and the Sheriff does another quick search to make sure all belongings are outside, signs off on this removal, and then instructs me ( or anybody else) to have complete access to the house - where I can change the locks, etc..

The reason for the "professional" eviction company is for expediency...the county is usually weeks behind to witness the eviction. You can certainly have 5-6 guys ready for the day they tell you they can oversee the eviction. But - an eviction company that has a sheriff witnessing their crew doing the eviction usually has a 1-2 week backlog - and does the removal and discarding (if you want) all in one easy job, and invoice. Otherwise - a 30 yard dumpster is needed, and someone to help you toss out everything after the 24 hour wait period. I've done too many dumpsters in the past- and now just pay them to do the task - more expensive this way, but much easier on my time.

Matt Sicignano · Answer

In Cobb County there is a 4 man crew needed-it doesn't have to be professional. The reason is not so much the law issue as it is a time issue for the Sheriffs department. The Sheriff in the jurisdiction will enter the unit, give the occupants about 10-15 minutes to gather anything they can in that period, then escort them from the property. The owner in possession will then be allowed to enter the property, remove any items that don't belong to him (or her) and change the locks. In Georgia you must place the items somewhere on the property in plain sight, then you are done with it.The Sheriff will then hang around to make sure the occupants don't come back and create a scene. If one guy is there, he could be there for hours; four people , he's gone quickly.

Jassem A. · Answer

I don't know why you would necessarily need a crew. I show up on eviction day sometimes alone or with my handyman and change the front and back door locks while the sheriff is there. Then most of the stuff in the property goes to the curb.  I then usually call the trash department and ask them if I need to load up the trash on the curb on to my trailer and take it to the landfill myself or if they could do it.

Kadeem Wells · Answer

I work as maintenance for an apartment complex in georgia. When we do evictions a 5 to 6 man crew comes with the marshall. All they do is set the tenants stuff outside. We wait 24hrs whatever is not picked up. We throw it away. If your tenant doesn't come for the stuff after 24hrs I would suggest doing a Craigslist curb alert post. Most of the time people come by see the set up and pick up most of the stuff. You will still have alot of cleaning and things to do for your turnover. Also $400 sounds about right don't forget to minus any repairs from damage. That includes paint,carpet, holes in the wall, etc..

Robert Melcher · Answer

Mine in Texas may run $600 because the Constable's want a crew of 6 and the locksmith all at the same time.  They move furnishings to the curb and bag everything else and set that on the curb as well (SFH).  then we still have to do a makeready for whatever needs to be done to market.

Eviction day process question. Eviction crew?

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