[njll2561]

I have my 2nd floor rented out and found out too late it is illegal to rent, and the worst happened with tenants who refuse to leave. They rescheduled first court date, didn't show up for 2nd one this week so we won by default which is great. My question is does anyone know if the judge will grant them a hardship stay given the circumstances? The town could start fining us and wants them out, by law we're not allowed to collect rent from them and they are "displaced tenants" and need to go. So how can they stay if a tenant has to pay the rent as agreed to get more time? Im hoping it won't be allowed but I know their going to try and push it off because they've already lived in my home rent free for 9 months which is ridiculous

[joypulv]

What was the court hearing FOR? Where are you getting this 'hardship stay?' How would a judge grant them anything past what they just lost by not showing up? You have certainly been bamboozled. If you went through a proper eviction, the next step is an appointed official (sheriff, etc) getting them out forcefully.

[ballengerb1]

Did you sign a lease with the tenants

[Fr_Chuck]

If you went to court for an eviction, and the judge granted it, on the date of the order, you evict them, unless they have gotten a order to stop it for another hearing.

But who knows what a judge may do, I have never lost a hardship hearing, I have a friend who has never won one.
*** I always have an attorney to represent me.

[njll2561]

Yes we got the papers from the court Monday saying they"ll receive a warrant of removal in 72 hours but when they get that i believe tomorrow i believe they have the option to file an order to show cause. hoping becuase they didn't show for the court date when the hearing or trial or whatever it was took place they won't receive any sympathy from the judge to get more time to move, but 2 disabled parents who don't work with a son and a disabled senior citizen seem quite difficult to get rid of. i know they"ll pull some excuse about medical reasons, they abuse the system

[njll2561]

We don't have a lease but my husband did a rental agreement / month to month with them. They've been living here rent free since July and they know we wanted them out since August, their purposely raising the electric bills, waking my kids up at night by smashing things on the floor, hostile spiteful behavior which makes it a horrible situation. I wanted to see if anyone knew given the fact that its technically an illegal rental and that makes them illegal residents, could a judge feel bad for them given its not their fault its illegal despite how malicious they are and let them stay until they find a new apartment?

[SteveGnj]

The order to show cause will be for you to prove why you are wanting the warrant of removal. You won't have to prove anything as they did not show up for the last court date. That is cause enough and you should win hands down. It is black and white in court, they only go on proof as a matter of law, not he said, she said crap. The illegal rental does not prohibit them from paying rent either. They can fill out a hardship stay but a trial date probably won't be granted , if it is, they will only till court date as more free time to live there. They would have to prove extreme hardship why they can't afford another place and show they were looking with proof, not just them saying they looked and couldn't get a rental. I don't see how they would win anything except buy time till the next court date. One the warrant of removal is allowed to proceed you can then schedule the sherriff to come lock them out for good. Let us know how it works out. Stand firm and don't get caught up in drama now or in court, the law is black and white so have your proof in writing , send them cerified letters anytime you can and when they don't dispute what you are saying, they admit to it by not responding.