Detainer Action

Detainer Action: "A landlord or apartment complex brings a detainer action to evict a tenant who has not paid the rent. The landlord usually gets a judgment for “possession” of the apartment plus back rent and attorney fees. The tenant has ten days in which to file an appeal. After ten days, if no appeal is filed, the landlord can obtain a writ of possession, which is a court order directing the sheriff to forcibly remove the tenant and his belongings from the property. In practice, the sheriff is present to supply the force of law, but the landlord supplies the manpower to move the personal belongings. The belongings are usually placed at the nearest public road.

The tenant is allowed a “reasonable” amount of time to collect his belongings. Depending on the circumstances, the “reasonable” amount of time can be as short as 24 hours to as long as 24 days!"

This is what happens when a detainer warrant is filed with the court.