Landlord – Tenant:
The primary purpose of a landlord tenant summary proceeding is to allow the owner/landlord to regain possession of the premises. There are several different ways in which one can evict a tenant including but not limited to:
– A tenant may be evicted for not paying their rent.
– A tenant may be evicted for holding over when he/she remains at the premises after being notified that their month-to-month tenancy is being terminated or upon the expiration of the lease.
– A tenant may be evicted for being an “objectionable tenant”. An objectionable tenancy may occur when the tenant repeatedly violates the lease, is engaging in unlawful conduct or other serious disturbances.
Not only does the court’s schedule dictate how soon we can get into court but the legal requirements of serving the tenant does as well. Town Courts have their own dockets to adhere to and schedule evictions on certain days of the month. It is important to provide us with a copy of the lease (if one exists) and an idea of what you would like to happen in Court. While we cannot guarantee what will happen in court it does make it a smoother process if we are aware of your expectations.
Almost every judge in every court will require the attorney and landlord to speak with the tenant before appearing in front of the judge. A lot of times an agreement can be reached with the tenant and presented to the judge. In the event an agreement is not reached, we will go in front of the judge and have him/her make a decision. Depending on the disagreement, the matter may be scheduled for a hearing on that date or a different date. Please be advised that the judge has the discretion to determine the judgment amount to be awarded (if any). Additionally, the judge can determine if a warrant is granted and the stay date. We will certainly do our best to give you the results you are seeking but keep in mind that the judge can rule over our objection and make his/her own determination.
If the warrant is stayed you will need to call our office and let us know if the warrant needs to be served. A warrant of eviction gives the tenant 3 business days to leave the property. Weekends and holidays are NOT included. If the tenant is still there after 3 business days, you as the landlord must meet the Sheriff or Police Officer at the premises for a lock out, and you must arrange for removal and storage of any personal property owned by the Tenant.