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The basics of the eviction process

The basics of the eviction process

| Jun 8, 2020 | landlord-tenant disputes |

Both landlords and tenants need to be familiar with the eviction process because it is such an important process to both. Once an eviction case has been started, it is useful for landlords and tenants to know what follows and be able to anticipate the eviction process and how to protect their interests.

After the case has been started, if the tenant needs more time to respond, the tenant can request the court postpone the case for at least 14 days which is referred to as an adjournment and a new court date may be set. There are several possible options once the landlord and tenant come to court including they settle the case, they go to trial or if the tenant does not attend, the landlord may receive a default judgment against the tenant.

Once the landlord has a judgment, they are able to evict the tenant but there are other steps in the process to be familiar with. Without a judgment, the landlord cannot evict the tenant. The judgment will tell the tenant how much money they will have to pay or when they will have to move out. The judgment provides a date when the landlord can obtain a warrant of eviction. With a warrant for eviction, a law enforcement official can be engaged to evict the tenant. The law enforcement official will provide a notice of eviction giving the tenant 14 days to leave the property or the law enforcement official will evict them.

Landlord-tenant law governs the eviction process which provides protections for landlords and for tenants. Both property owners and renters need to be familiar with the protections landlord-tenant laws provide them and how to protect their important interests through the legal resources available to them.