Storage of Defendants’ Property

When the eviction is scheduled, two options are available for storage of the defendants’ personal property.
  1. On-site storage for 28 days - If the plaintiff chooses to use on-site storage, deputies will remove the defendants and stand by until the plaintiff has completed an inventory of the premises. If the defendants want to recover their property, they must contact the plaintiff within 28 days and make arrangements to pick it up. The plaintiff must release the property to the defendant. It is recommended, but not required, that the recovery of property be handled on a single time/date basis. After 28 days, if the defendant has not picked up the property, it is considered abandoned.
  2. Contract with a licensed and bonded mover to inventory and remove the property/Off-site storage for 60 days - The plaintiff must contract with a licensed and bonded mover and make arrangements to have the mover there at the time of the eviction. Deputies will remove the defendants and standby until the moving company has loaded the property and completed the inventory. The plaintiff has a lien for the moving and storage expenses only. The defendant again has 60 days to contact the plaintiff to make arrangements to pick up the property. The defendant may be required to pay the moving costs before it’s released. Frequently, the value of the personal property is less than the moving expenses, and since the plaintiff is responsible for paying the movers, the option is selected less often.
Abandoned Property
Any personal property a tenant leaves behind must first be stored by the landlord. After the 28/60 days mentioned above, the landlord may sell or get rid of the property in whatever way the landlord wishes. The landlord must make a reasonable effort, however, to contact the tenant at least 2 weeks before the sale/disposal of the items. The landlord must do this either by personally giving the tenant a written notice of the sale or by sending the notice by certified mail to the tenant’s last known address or likely living quarters if that is known by the landlord. The landlord (plaintiff) must also post a notice of the sale in a clearly visible place on the premises for at least 2 weeks before the sale/disposal.