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ABA Family Legal Guide

Renting Residential Property

Ending the Landlord-Tenant Relationship

Lease Termination by Landlords

Can the landlord take the tenant's possessions or physically throw the tenant out after the court allows eviction?

No. The landlord must have the sheriff or other proper authority carry out the physical eviction. Only the court can evict a tenant, and the purpose of the court proceedings is to prevent the landlord from undertaking "self-help" evictions. If the court issues a judgment for unpaid rent, the landlord must use the normal debt-collection procedures, which may include wage garnishment and attachment of bank accounts.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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