Removal of Property at the Time of Eviction

Option A


If the landlord chooses to have the property removed from the premises, the landlord or their employees must place the property on the nearest right-of-way. Everything must be removed from the premises before possession will be given to the landlord.

Any property remaining on the public right away after 24 hours is the responsibility of the plaintiff. The plaintiff should contact the City of Suffolk's Department of Public Works to obtain information on what may be collected by the city. Any property not collected by the city is the responsibility of the plaintiff and must be disposed of by the plaintiff.

Option B

If the landlord has the option to have the property stored for 24-hour. If the landlord chooses this option the property must be stored in a secure and locked area; whether it is on the premises itself or at another location.

No matter where it is stored the location must be secured. The tenant has up to 24-hours in which to retrieve their property however this must be accomplished during reasonable hours. After the 24-hours period has expired the landlord may dispose of any property as they see fit.

Withholding


Under the landlord tenant act the tenant's property can't be withheld during this 24-hour period due to monies owed for back payments.