Tenant Information
The
landlord must begin the eviction process by giving you an appropriate
written notice. This may either be a 3-day , 30-day notice or 60-day
notice, depending on the grounds for the eviction. If you are uncertain
whether you have received the appropriate notice, you should contact a
legal advisor for assistance. If you do not move out by the end of the
period stated in the notice, the landlord can begin the legal process by
filing a Complaint with the court.
After the
landlord has filed the paperwork with the court, you will be served with
the Summons and Complaint. Usually this involves a process server or a
deputy sheriff personally handing you this paperwork. There are, however,
other means of service. Also, the landlord may not serve the paperwork
him/herself. If you are uncertain whether you have been properly served,
you should contact a legal advisor. Once you have been served, you
normally have only five [5] calendar days to file a response with
the court. This may be an Answer or other legal pleading. Failure to take
timely action will result in a default judgment being entered against you
and the eviction process will move forward quickly.
If you fail
to respond to the complaint within the allotted time, the landlord will
file a Request To Enter Default, a Clerk’s Judgment For Possession and a
Writ Of Possession with the court. After they have been filed with the
court, the clerk will give the landlord the documents that s/he will need
to take to the Kings County Sheriff’s Department Civil Division to
complete the eviction. The landlord cannot personally evict you.
You should
seek legal advice to determine the appropriate response which you should
file with the court. Most often, tenants choose to file an Answer to the
Complaint. When an Answer has been filed, the landlord will file
additional paperwork with the court and a trial date will be set. The
court will mail you a notice about the trial date once it has been
scheduled.
You should
start gathering all of the information that relates to your case. This
may include witnesses or paperwork such as the following:
-
a copy of
the lease or rental agreement,
-
any
letters you may have written or received about the property,
-
any
receipts you have,
-
any
inspection reports such as reports from the building inspector or health
department,
-
photographs,
-
police
reports,
-
any other
documents that you think will help you convince the judge that you
should not be evicted.
You will
need to bring three copies of each paper with you: one for the judge, one
for the landlord and one for yourself.
Organize
your paperwork before you come to court so that you can easily find what
you need when you are in the courtroom. You may want to make notes for
yourself so that you don’t forget to tell the judge something that you
think is important.
Children are
not allowed in the courtroom, so you should not bring them with you.
The court
does not provide interpreters for this type of case. If you need an
interpreter to help you in court, you must bring one with you. A family
member or friend may serve as your interpreter.
The court
does provide assistance for hearing impaired persons. Requests for this
type of service must be made before your court date. Assistive listening
devices are available.
There are a
several things that you should keep in mind before entering the courtroom:
·
Dress
appropriately and take pay attention to personal
hygiene.
·
Show respect
for the court; try to make a favorable impression
with the judicial
officer.
·
Do not bring
food or drinks into the courtroom nor chew gum.
·
Do not read
non-case related material nor sleep while in the
courtroom.
If you have
lost in court, the landlord will file a formal Judgment, Notice Of Entry
Of Judgment And Writ Of Possession with the court. The clerk will send
this paperwork to the judge for signature and then the documents will be
returned to the landlord.
The landlord
will give copies of the Writ Of Possession to the Kings County Sheriff’s
Department. A deputy will give you notice that you have five [5] days to
vacate the premises. Even though the landlord has a court order, s/he
cannot personally evict you.
If you do
not move out in the five-day period, the Sheriff will remove you from the
property and change the locks.
Under
limited circumstances, you may be able to get extra time to move by either
speaking with the landlord or by applying for a stay order from the court.
You should seek legal counsel if you feel you need additional time and the
landlord is unwilling to give it to you. |
