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Butterfly6 · Jul 31, 2007, 06:54 PM

What is the law governing the eviction of a person or persons for non-payment of Rent? Please include the time element involved if possible

jrb252000 · Jul 31, 2007, 07:00 PM

Hope this info is useful

EVICTION

* The eviction notice is the landlord's request or formal demand made to the tenant. It asks the tenant to move out. It is delivered to the tenant only and
Is not filed in court.

* If the tenant does not voluntarily move as requested by the eviction notice, the landlord may file an eviction case in court. The eviction case is the landlord's request or formal demand made to the County Court. It asks the Court to evict the tenant.

* The request is made in a Summons and Complaint, which is delivered to the tenant by a process server.

* The tenant has five business days to file a written answer to the Summons and Complaint or he/she will be evicted.

TENANTS FAILURE TO PAY RENT

* The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move. If you do not pay rent or move, the landlord may begin an action to evict you.

* In order for the landlord to gain payment of the rent or possession of the dwelling, he must file suit in county court, and provide the court with a copy of the three day notice.

* You will be served with eviction papers from the court in writing. You then have five days (excluding weekends and legal holidays) to respond, also in writing, to the court. You must also pay the rent money into the registry at the Clerk of Court. Failure to pay owed rent money into the registry at the Clerk of Court will result in an automatic eviction judgment against you.

* If you don't respond or a judgment is entered against you, the Clerk of the County Clerk will issue a "writ of possession" to the sheriff who will notify you
That you will be evicted in 24 hours.

* You have the right to stay in your apartment until the landlord files an eviction case and a judge decides your case. The landlord must deliver an eviction notice before he can file an eviction case. The landlord cannot put you out unless he wins the eviction case in court.