Q: Can the 24 hour notice to vacate be served during a weather state of emergency?
Due to expenses of my sister's passing, I was unable to pay the final months rent of my lease, so I am being evicted. I am worried the 24 hour notice will be served during the hurricane that is about to hit us.
A: You don't get served the 24-hour notice unless and until an eviction judgment has been entered against you after a lawsuit gets served on you and goes through the process, which takes anywhere from a couple weeks to several months, depending on whether you contest the suit. If you do have an already-entered eviction judgment, there is no restriction on when the notice may be served on you, except that it may not be served on Sunday. However, as a practical matter, it's extremely unlikely that the sheriff's office would serve it just as a hurricane is approaching, for a few reasons. Also, some sheriff's offices, even after serving a 24-hour notice, take a few days before they come back to enforce the notice. You can always call your sheriff's office and ask general questions about their writ of possession procedures and practices.
Bruce Alexander Minnick agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
