/Length 174 Lawsuits for eviction. Because eviction protocols are different from one state to another, before filing the lawsuit, it is important to note the required cure period for the notice. If the judicial officer rules in favor of the landlord, either through a default judgment or at the eviction hearing, then the tenant must move out by a certain deadline. A landlord could be sued for forceful eviction of a tenant if they skip the proper eviction processes. If a court has given the landlord a Writ of Possession, the sheriff will carry out the eviction judgment date. During this phase, the court will decide whether to The sheriff, police officer, constable, or bailiff executes the Writ. Police And The Eviction Process: What You Need To Know Pro Tip: Seek service from a clerk of the court, ask the necessary information youll need like what constitutes a day in a notice period, how can the eviction process be filed, the requirements needed in order to evict an unlawful detainer. The Three-Day Notice can either be delivered to the property or sent through the mail. Default Judgment. Landlords can charge tenants a late fee, but they must provide a grace period of at least two days. /Parent 6 0 R A tenant can sue you for actual damages plus violations. The tenant has no choice but to leave the premises before the end of the notice period. 10 0 obj Before filing for an eviction with the court, you need to issue the tenant a notice to comply. If they come to an agreement, the landlord files for a nonsuit. << In order to evict a tenant in New York, the landlord must first go to court, win the case, and pay a fee to have a law enforcement officer remove the tenant. If the eviction case is being handled by a professional process server or an adult who is not involved in it, the case should be handled by an adult who is not involved. Can You Sue A Police Officer For Political Discrimination. /Author (Cindy Gaudin) David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. Writ of Possession or Writ of Restitution is posted on the door of the rental unit. There are several methods to accomplish this: Landlords are not allowed to serve the tenant themselves. >> This notice will typically give tenants a certain amount of time to: The amount of time the notice gives tenants to correct an issue or move out varies from state to state and can depend on the reason for eviction and/or how long a tenant has lived in the rental unit. /Filter /FlateDecode Some common reasons that are enough to begin the eviction process include: failing to pay rent on time or at all; violating terms of the lease such as having unapproved pets; causing a lot of property damage to the rental; breaking any occupancy, noise, or health ordinances; and causing health or safety hazards in the property.