Is there a stay on an eviction from a landlord?

Effective December 28, 2020, the Covid-19 Emergency Eviction and Foreclosure Prevention Act of 2020 provided for a temporary stay of most residential landlord tenant proceedings until February 26, 2021. Most eviction proceedings for which a Hardship Declaration has been filed are further stayed until August 31, 2021.

Can a landlord serve a tenant with a notice of petition?

The tenant will be served with a copy of the Notice of Petition that lists the time, date and location to appear in court. The landlord or the landlord’s attorney will have a process server or any non-party over the age of eighteen (18) serve a copy of the papers filed with the Court on each tenant.

What happens in a landlord and tenant case?

Landlord-Tenant (L) court cases generally seek the relief of an order of the Court directing the rightful possession of real property – residential or commercial – back to the landlord.

Can a judge order a tenant to leave a property?

In other words, the landlord/petitioner is asking a Judge to issue an order directing the eviction of a tenant who refuses to leave the property by a date certain. Evictions are filed pursuant to Article 7 of the Real Property Actions and Proceeding Law (RPAPL) – summary proceedings to recover possession of real property.

What happens at the end of an eviction hearing?

The court makes a decision on the eviction and, in most cases, the landlord wins the unlawful retainer lawsuit. The case is forwarded on to law enforcement, often the sheriff’s office, to escort the tenant from the property if they still refuse to vacate.

When does a landlord have to evict a tenant?

Whether it’s because the tenant hasn’t paid rent or has violated the lease agreement in some way, there might be a time when the tenant will no longer be allowed to live at the property and the landlord must take action.

Landlord-Tenant (L) court cases generally seek the relief of an order of the Court directing the rightful possession of real property – residential or commercial – back to the landlord.

The tenant will be served with a copy of the Notice of Petition that lists the time, date and location to appear in court. The landlord or the landlord’s attorney will have a process server or any non-party over the age of eighteen (18) serve a copy of the papers filed with the Court on each tenant.