After a writ of possession is granted and the sheriff has posted notice on a property, how long before the sheriff returns to remove the tenant?

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After a writ of possession is granted and the sheriff has posted notice on a property, how long before the sheriff returns to remove the tenant?

Asked on April 10, 2012 under Real Estate Law, New Mexico

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It can happen immediately or if there is need to wait because the court order may give a date certain, then the time period the court order states. Check out your order and see if there is a date certain. Otherwise, the sheriff's posted notice should give a date and be prepared because it could happen during that period but not after that time period. If you need longer, you would be considered a hold over tenant and would still be responsible for additional rent. You should speak with your landlord about arranging a date certain to move to prevent forced removal by the sheriff's office.


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