what are the steps tha one has to take? what happens if you lose the case?
2006-10-25 09:24:56 · 7 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
A notice is posted on the tenant's door.
The landlord files with the appropriate judge (District Justice in my state)
They serve the tenant with notice of a hearing.
A hearing takes place.
If you don't show up, you lose. If you do show up, you usually lose anyway, unless you have the money to pay what is owed. If you want to fight it, bring good backup, because nearly all cases go in favor of the landlord. If you want to negotiate with the landlord, do it before the hearing.
If you lose, the landlord is typically granted "posession" of the rental unit. You will typically have a fairly short time to vacate. If you don't, they bring a constable, open/break the lock, remove your stuff, and change the locks.
2006-10-25 09:28:02 · answer #1 · answered by Dentata 5 · 0⤊ 0⤋
It depends on what you are being evicted for. If it is for nonpayment the landlord will serve you with a 5 or 10 day eviction notice. If you have not paid your account will then go to an attorney. The attorney will schedule a court date and have court papers served to you. At the first court hearing you can request a bench trial. If you do not request a bench trial and you loose the case you will be given a date that you must vacate the apartment by and a judgement will be entered against you. If you request a bench trial, it will give you a little more time to come up with the balance due.
2006-10-27 05:47:58 · answer #2 · answered by jjmoose2001 2 · 0⤊ 0⤋
1. Your landlord has to have a reason.
2. Your landlord gives you notice (it differs from state to state - 3, 5, 7 days is normal) that he/she will be evicting you.
3. Once that time is up, your landlord can file for an eviction. The procedure I'm familiar with requires at least a 30 day notice.
4. After those 30 days, you go to court.
5. If you lose, you are given a certain amount of time to get out.
6. You do NOT get a good referral for your next rental.
2006-10-25 09:46:25 · answer #3 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
It could vary from state to state, check with your local landlord / tenant bureau. In my state after rent is 5 days late the landlord issues a 10 day notice, then a 3 day notice before they can even file for an eviction. After that they can file for the eviction hearing which will be set within 14 days, once it goes to court the judge will then give the tenant usually 2 weeks to get out or the bailiff will set you out. So if everything is done promptly and legally it would take about a month to have a dead beat tenant evicted.
2006-10-25 09:31:55 · answer #4 · answered by Badkitty 7 · 0⤊ 0⤋
SHow up for the hearing in court or you automatically lose. If you lose, the court gives you a date to be out by. If you are not out the court gives the landlord a date to set your things on the curb.
2006-10-25 10:02:19 · answer #5 · answered by kingstubborn 6 · 0⤊ 0⤋
it means it's time for you to start looking for a new place to live
2006-10-25 09:32:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You are out of luck.
2006-10-25 09:32:15 · answer #7 · answered by Anonymous · 0⤊ 0⤋