Can still be evicted by the sheriff if you are not home at the time?

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Can still be evicted by the sheriff if you are not home at the time?

Asked on April 18, 2011 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you can be evicted even though you are not then home; otherwise, *everyone* would simply make themselves "scarce" and avoid eviction by the simple expedient of not being present. Your presence or absence has no impact on eviction. Do not assume you can beat eviction, or even gain more time, by not being home.

When the eviction happens, you will be locked out; while you will still have the right to recover your  belongings, it's clearly more difficult after the lock out, and you may have to pay storage charges. Therefore, if you are going to be evicted anyway, it's better to move your belongings out in advance, or at least as much of them as you can, to avoid later compolications.


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