In order for a tenant to be evicted, there are specific steps that must be taken by a landlord. In many cases, a notice to the tenant must first be served on the tenant. Thereafter, a Petition is filed with the Court, a Court date is provided, and the parties will appear in Court. While many cases settle without the need for a trial, those cases that settle will often contain language that the Landlord is provided a judgment of possession and warrant of eviction, which is stayed (meaning it cannot be executed) until an agreed upon date or action. Should there be a default or a case conclude in a trial, the Landlord may similarly be provided a judgment of possession and warrant of eviction, however, any stay will likely be for a short period of time.
Should a tenant remain in the Premises past the agreed upon time, or court ordered time, the landlord can request that the Sheriff or Marshall execute the warrant. However, before the warrant can be executed, the tenant is provided with a three-day notice, served on the tenant by the Sheriff or Marshall. Ordinarily, a tenant learns of the notice when it is pasted to their door. This notice provides that the eviction will be commencing 72 hours from the date of service of the notice. Should a tenant not be able to vacate their premises within the specified time period, or if they were unaware of a pending eviction and this is the first time they have received any notice, they may file an Order to Show Cause with the Court, seeking to stay the eviction. This is the last attempt that a tenant has in order to stop the eviction.
If you have received a 72 hour notice and would like to stay your eviction, or if you are a landlord and have received an order to show cause to stay the tenant’s eviction, please contact The Siegel Law Firm, P.C.
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