We have a unique eviction situation, and try to see if anyone here may have any recommendations.
A tenant has not paid rent for a while, and he seems to be medically handicapped relying on home medical equipment while he is home. If I file an eviction petition, the judge will probably give me an eviction order, but I’m not sure if the sheriff may be willing to take him out because of his medical/health condition. If sheriff is unwilling to do that, what can I do about this situation?
Thanks
Just finished up an eviction. In my case I had to have tenant served with a 14 day pay/vacate notice. If they do not pay or respond then we scheduled a unlawful detainer hearing presenting the facts. Judge then issues a order to have the tenant removed from the property. Sheriff doesn’t really get to have a say. My tenant too is medically fragile and on hospice but has the money to pay his rent. He finally paid up on the 11th hour…
I highly doubt the Sheriff’s department will disregard the Judge’s orders. If they do, get their names and badge numbers and send a letter to the court explaining what happened.
The Sheriff will likely call social services if needed.
We have an eviction coming up with an 80-year-old Disabled Woman (12-2024). She stopped paying her rent, and her place is a disaster. It’s a horrible position for her and me. I’m not too fond of this part of the job, but I am not responsible for all the decisions she had made to leave her in a position to be evicted due to non-payment of rent. I always think, “Well, if this was a restaurant, how would this play out?” A restaurant would not let her eat for free for the rest of her life. It’s unfortunate, but sometimes we have to be the bad guys.
Thanks so much for sharing your thoughts. I have filed the eviction and will see how this may play out.
I agree, with @Propboy40 ,Sheriff doesnt have a say. Must follow court’s orders.
Now, with the special situation of the tenant (and it being the holidays), if you want to extend some sympathy and help your tenant out you can always do that. Anything from providing them contact information for social services, housing assistance, or whatever. But in the end, this is a business and they must pay. After all, dont the medically disabled still have their mortgages to pay the multi-billion net worth banks? You bet they do. So then, why are you any different?
thanks for pointing this out. And youre 100% right, its almost ALWAYS about decisions people make. And for us, yep, we cant control their decisions and actions. And furthermore, where is this person’s FAMILY? Shouldnt they be stepping in to help her? You, the landlord, shouldnt have to even think about playing social worker here.