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

UPDATED: Apr 18, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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