After the appeal period has passed the Judge can sign what’s known as an Execution. This is the legal document that allows the landlord to put their judgment into action. If the tenant has not fulfilled their promise to vacate the premises by a certain date or if they have not made payment they were required to make as part of the judgment then the landlord can ask the Court to issue an Execution.
Even if the landlord thinks that the tenant may have moved out, vacated or abandoned the premises it is very important to let the Marshal come to the property and make this determination as part of the service of the execution and/or move-out. If the landlord were mistaken and the tenant did not actually vacate the premises and the landlord on that mistaken belief were to enter the premises and/or change the locks and/or shut off utilities and/or remove any of the Tenant’s property from the premises, then the Client could be subject to arrest and prosecution. This is why it is vital that a marshal be involved in the process. Unless the tenant has surrendered their key to the landlord, an execution should be served on the premises by a state marshal. Prior to a move out the marshal will determine if the Tenant has actually left the premises. If the tenant has not left then a move out will be necessary.