What To Expect in Your Eviction Matter

The Law Office of Michael D. Mirne, L.L.C. is aware that not all of our clients are experienced landlords.  In many cases, when landlords contact our firm to start an eviction action, it is their first time interacting with an attorney, and we know that the process can be quite daunting.  In some cases, we will recommend a consultation either in-person or via a virtual platform to gather the facts and recommend a course of action.  In other cases, the facts are straightforward and the only decision to make is whether to file the eviction based on nonpayment of rent or based on other reasons.

Evictions Based on Nonpayment of Rent

1. Gathering the information – If the eviction is based on nonpayment of rent, we only need to know the following:
   • Is there a lease, and if so, does the lease allow the eviction complaint to also include “additional rent” charges for items like utilities, late charges, and costs of eviction?
   • Is there a written ledger, setting forth the charges that the tenant owes?
   • Is there a landlord registration statement for the property?  In most cases, we will need to have a copy of the landlord registration statement before we file the eviction.
2. Filing the eviction complaint – Once we have the above items, our office will prepare and file the eviction complaint, usually within 48 hours of receiving the information from the landlord. 
3. Agency Notification – In some instances, where a portion of the tenant’s rent is being paid by an agency (such as Section 8), we are required to also serve a copy of the eviction complaint to the agency at the time when we file the eviction.
4. Scheduling the matter for trial – Once the eviction action is filed, the court will schedule the matter for trial between 4 and 6 weeks later.  While waiting for your eviction matter to be scheduled for trial, you should continue to accept any rent you receive.  The acceptance of rent in this instance will not result in the dismissal of the eviction action unless all rent that is due is paid.  If the balance owed is $0.00, the matter must be dismissed.  Otherwise the eviction action will proceed.
5. On the Court Date – The Judge or Court clerk will call a list of cases, including your case.  Any case that is “Ready” (i.e; both sides are present), will proceed to mediation.  During mediation, we will attempt to see if there is a payment plan or vacate date that would be acceptable to both parties.  Most nonpayment of rent matters settle with a payment plan.  But neither party is required to settle the matter, and the parties are welcome to have a trial in front of the Judge if the matter cannot be settled.  With regard to settlements of matters, we are very aware that a lot of attorneys settle certain matters that probably should not be settled.  However, our firm is very protective of our clients and we will only recommend settlement matters in cases where the terms of the settlement are truly in the best interests of our clients.  We will not hesitate to take a matter to trial if the matter cannot be settled in a way that is beneficial to our client.
6. Trial in front of the Judge – For a nonpayment of rent matter, the only issue for the Judge to decide is how much rent is owed.  Accordingly, the questions we will ask our client during a trial generally only involve the lease and the ledger, so that the Judge can make a proper determination.
7. Judgment for Possession – In many cases, tenants are evicted based on failure to pay rent.  This can happen in all of the following three scenarios:
   • Tenant owes rent on the day of court, but does not show up to court; or
   • Tenant owes rent on the day of court, and the tenant does not prevail at trial; or
   • Tenant owes money on the day of court, enters into a settlement agreement, and then breaches the settlement agreement by missing a payment on the due date, or failing to vacate the premises by the date agreed upon
8. Lockouts – Regardless of the reason for a Judgment for Possession, a lockout will generally follow about 2 weeks after the Warrant of Removal is requested.
9. Post-Judgment Applications – In some instances, a tenant who is facing a lockout may apply to the court for an extension of the lockout date.  This request can take on many forms, but the most common request, which is pertinent for a tenant who does not have the money that is due, is an application for Orderly Removal, which should only result in a one-week extension of the lockout date.

Evictions Based on Reasons Other Than Nonpayment of Rent

Jurisdictional Requirements – The requirements for filing an eviction based on reasons other than nonpayment of rent are largely the same as the requirements for filing based on nonpayment of rent.  However, before filing an eviction complaint for a reason other than nonpayment of rent, we must first serve the tenant with certain pre-action notices.  The Notices are as follows:

1. Notice to Cease – The Notice to Cease is a warning notice, informing the tenant about certain conduct that must be cured, and when applicable, stating a date when the conduct must be cured by.  The Landlord Tenant statute requires a Notice to Cease for all cases involving lease violations, disorderly conduct or habitual late payment of rent.
2. Notice to Quit – After the Notice to Cease (if applicable), if the tenant has not cured the violations, the tenant must be served a Notice to Quit, setting forth that the tenancy will be terminated.  The exact date of the termination depends on the reason for eviction.  For certain violations like disorderly conduct or willful destruction of rented property, the Notice to Quit can specify a termination date as soon as 3 days after the date when the Notice is served.  For other reasons for eviction, the termination date may be a month or longer after the Notice is served.  Regardless of the reason for eviction, our office has the experience to walk you through the requirements that are necessary to follow before the eviction action can be filed.