Holdover Process leading to Eviction
(First court date appearance )
Today was our first court appearance with the tenants. The judge and his assistance review the documents submitted in front of you and the Tenants. If all is in order the case will proceed, he or she will explain the actions to the Tenant and the landlord. They will explain the law and what it means if you wish to enter an agreement or go to trial.
Let me explain if the Tenants wish to go to trial you would have to come back to court for another court date. At this point you, must explain your case to the Judge and prove that you are the landlord and that you wish to have your apartment back. As stated in the court papers that your property is not regulated by rent control or rent stabilization law, there is not much more a Judge can do, but to give the adequate time for the Tenants to move, a period of six months. You the land lord should always ask for use and occupancy while the tenants are in the apartment which means you want to be paid for the unit. That would be the current month rent that is being paid. If for any reason the Tenant fails to pay his rent during this agreement, the six months grace period given by the court may be reduced and you can ask for the apartment sooner. By going to court and filing an Order to Show Cause.
Well today we reached an agreement I was willing to give them six months and they agreed to pay rent while they look for an apartment. The final day for them to continue to rent the unit will be January 31, 2014 and after that date, I can request for a warrant to be issued to the Marshall to evict the tenant and retrieve my property.
Disclaimer this is not to be construed as legal advise you should always consult an attorney before starting any legal proceeding.