[RPPTL LandTen] Address for Eviction

Mon Feb 29 13:33:38 PST 2016

I have done a ton of these with student housing and you need to have the room identified.

This may require getting an amended Final Judgment and Alias Writ with the proper address.

Many Deputies will not take the word of the landlord as to the defendant’s room and rightly so.

I would never depend on the experience one had with some deputies. Deputies operate differently all over the state. Do it correctly and have the Final Judgment and Writ have the specific address and room. You may want to advise the landlord to have the rooms marked clearly with numbers or letters if it is not as easy as front room or back room.

Harry

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary P. Sabol, Esq.
Sent: Monday, February 29, 2016 4:20 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Address for Eviction

I have done a number of cases and that's how I handle it.  I just list the house address, but be sure the owner (i.e. not the one being evicted) is there when the Sheriff/process server comes to show them which room the tenant is living in.  Never had a problem with that process, in fact, not sure there's any other way to identity the "leased premises."

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-------- Original Message --------
Subject: [RPPTL LandTen] Address for Eviction
From: Dariel Abrahamy < <mailto:Dariel.Abrahamy at gmlaw.com> Dariel.Abrahamy at gmlaw.com>
Date: Mon, February 29, 2016 4:04 pm
To: "'RPPTL Landlord Tenant Committee'" < <mailto:landten at lists.flabarrpptl.org> landten at lists.flabarrpptl.org>

If someone is renting a room in house, and you need to evict them for non-payment of rent, what address do you put in the complaint? The Sheriff won’t execute on the Writ of Possession unless it has a valid property address. But if you’re only evicting a person from one room, it doesn’t seem to make sense to put the entire house address.  Or is that what you would do and simply have the owner/plaintiff meet the Sheriff and direct the Sheriff to simply evict the person from the one room?

cid:image006.jpg at 01CF99C8.29DF4240

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