Evicted tenant replacded by squatter

[tylersmom22]

What is the name of your state (only U.S. law)? New York.

I had a tenant in my house in Suffolk County that was unknowingly and illegally subleting my basement. I recently legally evicted tenant for non-payment and she moved 3/4 of her belongings out and is not sleeping there. However, this basement person has moved up to the main floor of the house and is claiming to be a tenant (she has never paid me a dime).

I am currently awaiting the sheriff to post the 72 hr notice of eviction on my tenant. It states on the eviction notice "____ ___ and all persons present." My sheriff dept tells me they will only evict everyone if the named tenant is present. What is to stop her from just not being there when sheriff arrives? Has anyone heard of a sheriff office not doing what is stated on the eviction notice?

I have begun proceedings to have this other person evicted, in her own name as a squatter. But what's to stop her from having someone else move in now and this other person's name not be on the eviction warrent? Where would it end?

Could they posssibly keeep doing this? Or am I worrying needlessly because the sheriff will remove her with the first eviction notice?

ThanksWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? New York.

I had a tenant in my house in Suffolk County that was unknowingly and illegally subleting my basement. I recently legally evicted tenant for non-payment and she moved 3/4 of her belongings out and is not sleeping there. However, this basement person has moved up to the main floor of the house and is claiming to be a tenant (she has never paid me a dime).

I am currently awaiting the sheriff to post the 72 hr notice of eviction on my tenant. It states on the eviction notice "____ ___ and all persons present." My sheriff dept tells me they will only evict everyone if the named tenant is present. What is to stop her from just not being there when sheriff arrives? Has anyone heard of a sheriff office not doing what is stated on the eviction notice?

I have begun proceedings to have this other person evicted, in her own name as a squatter. But what's to stop her from having someone else move in now and this other person's name not be on the eviction warrent? Where would it end?

Could they posssibly keeep doing this? Or am I worrying needlessly because the sheriff will remove her with the first eviction notice?

ThanksWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

You have to file again to get all known and unknown occupants out too because unless the order says everyone known and unknown, the sheriff is only going to evict those on the order, and the unknown person gets to stay.

Make sure you file for all known and unknown occupants.

 

[tylersmom22]

Thanks Princess

The origianl warrent does state ...."and all persons present". In your opinion that would not be enough for the sheriff?

I have started preceedings in the other persons name and it does say, 'and all Jane and John Does and unknown persons."

I am just hoping the original warrent is enough for the sheriff to clear house. I just cannot wait the whole month it's going to take for a second interaction with the sheriff dept.

Thanks again for your response.

 

[Banned_Princess]

The origianl warrent does state ...."and all persons present". In your opinion that would not be enough for the sheriff?

I have started preceedings in the other persons name and it does say, 'and all Jane and John Does and unknown persons."

I am just hoping the original warrent is enough for the sheriff to clear house. I just cannot wait the whole month it's going to take for a second interaction with the sheriff dept.

Thanks again for your response.

Well, to be honest, after the sheriff clears the house, and everything is out, per the court order change the locks immedeately.

If the sheriff wont remove the person unknown, you will continue with your current eviction plan.

 

[tylersmom22]

OMG Princess!

Are you saying the sheriff will clear the house of all the stuff but the issue may lay in whether the "unknown squatter" is removed.?? If so, that is great because the original evicted tenant left things behind that the squatter is saying are hers (barbie dolls and childrens clothing....clearly NOT the property of new squatter, also furniture, etc...) The squatter is claiming posession of everything left in my home (2,000 sq ft of junk!)

If the sheriff removes all items in house, I will be thrilled. I was not aware that they would remove posessions without a person to go with them. My house is being used as a storage dump.

This horrible person is now moving junk INTO my house. Probably with the intent that I will have to pay the sheriff to remove and eventually discard (we have no garbage pickup, everything has to be paid for at the local dump). She is the dregs of society thinks the law does not pertain to her.

If this all does happen, I will certainly take your advice and change locks immediately!!!

I REALLY appreciate your advice Princess,. Thank you so much for your time with me.

 

[TigerD]

My experience is that sheriff's deputies stand there while you pay people to haul everything out to the curb. They won't be lifting a finger unless it is to keep the peace.

DC

 

[tylersmom22]

Thanks debtcollecor...

I asked our sheriff dept if they notify me when they give 72 hr notice and they said no. I have no idea if they notify when the actual eviction begins. Do they call the lanlord where you live?

I would gladly pay anyone to help me remove this horrible person and/or her junk! These people are professional slimeballs.

Have you had the experience that the sheriff removes all possessions regardless of the name on the eviction notice?? I've provided them a list of all things to remain.

thanks!

 

[TigerD]

I asked our sheriff dept if they notify me when they give 72 hr notice and they said no. I have no idea if they notify when the actual eviction begins. Do they call the lanlord where you live?

I would gladly pay anyone to help me remove this horrible person and/or her junk! These people are professional slimeballs.

Have you had the experience that the sheriff removes all possessions regardless of the name on the eviction notice?? I've provided them a list of all things to remain.

thanks!

Sheriff removes the person. You have to remove the stuff.

DC

 

[Banned_Princess]

Are you saying the sheriff will clear the house of all the stuff but the issue may lay in whether the "unknown squatter" is removed.?? If so, that is great because the original evicted tenant left things behind that the squatter is saying are hers (barbie dolls and childrens clothing....clearly NOT the property of new squatter, also furniture, etc...) The squatter is claiming posession of everything left in my home (2,000 sq ft of junk!)

If the sheriff removes all items in house, I will be thrilled. I was not aware that they would remove posessions without a person to go with them. My house is being used as a storage dump.

This horrible person is now moving junk INTO my house. Probably with the intent that I will have to pay the sheriff to remove and eventually discard (we have no garbage pickup, everything has to be paid for at the local dump). She is the dregs of society thinks the law does not pertain to her.

If this all does happen, I will certainly take your advice and change locks immediately!!!

I REALLY appreciate your advice Princess,. Thank you so much for your time with me.

Wow, how far out east do you live??

My experience with sufolk county sheriff is, they will have the tenant remove their stuff.

Did you say the eviction warant does include , oh right, all present. I take that to mean, everyone present out, the sheriff might make that person remove their belongings, if they dont then change the locks and pay someone to get rid of the stuff.

the sheriff should be more open with you, probably they will have more to say the day they carry out the warrant.