Evictions must follow a strict legal process. If a tenant isn’t paying rent or has repeatedly broken rules laid out in the code of conduct, the landlord has the right to begin the official eviction process. He can’t take the law into his own hands, though. It’s illegal in nearly all 50 United States for the landlord to lock out a tenant. The definition of a lockout includes changing locks, blocking entry into the rental unit, cutting off electricity or water, or any other method that prevents the tenant from normal use of the property. The good news for landlords in the United States is that the eviction process is one of the shortest legal proceedings on the books. In New York, for example, it’s possible to legally evict a tenant in as few as 30 – 60 days.
In most states, the eviction process begins with a formal letter of notification from the landlord that presents some clear options for the tenant. The tenant must pay his/her rent by a certain date, resolve whatever issue is at odds with the code of conduct or vacate the premises. Failure to do so will result in a lawsuit called an unlawful detainer — the legal term for an eviction.
During an unlawful detainer case, both sides are given a chance to present their arguments. The judge decides, based on the testimonies and evidence presented by both the tenant and the landlord, whether or not the tenant is in violation of the lease. If the landlord wins, the tenant may be required to vacate the premises and pay all back rent and legal fees incurred by the landlord. If the tenant wins, the landlord may have to pay all of the tenant’s legal fees.
If the landlord wins the case, he’s given a writ of possession. The writ of possession states how many days the tenant has to remove himself and all of his belongings from the rental property. If the tenant fails to vacate by the set date, the landlord can’t forcibly remove the tenant or his possessions. In most U.S. states, that job is the responsibility of a local sheriff or marshal. Most states also have strict procedures about what to do with any belongings that an evicted tenant leaves behind. Sometimes possessions have to be kept in storage for a number of days before being thrown away.
For more information on eviction solutions, you can get the results you need at www.undisputedlegal.com or call us at 1-800-774-6922 for a free quote today.
You’ve seen it in a countless number of courtroom movies and TV shows: a man or woman dressed in business attire hands an unsuspecting person an envelope as he or she says, “You’ve been served.” This simple yet important tradition has been a hallmark of the American justice system for over 100 years, and it continues to be a necessary action in most court proceedings. Process servers are some of the most important parts of the legal system, and at Undisputed Legal, we maintain one of the most qualified staff of professional and educated process servers. Continue reading
Our Process Servers serve all types of legal documents, including summons and complaints, divorce papers, family court documents (child support, custody, paternity, order of protection), subpoenas, citations, small claims court cases, order to show cause, motions, petitions, discovery documents, evictions, landlord tenant notices and more. We are a full service Process Server providing law firms, attorneys and the general public with legal services nationwide. At Undisputed Legal Inc., we employ hundreds of process servers nationwide which allows us to provide all of our clients with local professional process servers, thereby allowing us to offer three (3) levels of service for all of our clients nationwide (Routine Service 1st attempt 3-5 Days, Rush Service 1st attempt Next Day, Same Day Service 1st attempt same day). Continue reading
Subpoena Service – Newly enacted provision of the CPLR under which an out-of-state subpoena can be submitted to either the clerk of the court where the discovery is to take place or an attorney licensed to practice law in this state, and either of them can issue a New York subpoena.
Effective January 1, 2011, pursuant to New York State C.P.LR. § 3119, the County Clerk will be required to, in a purely ministerial manner, issue a local subpoena seeking discoverable materials and/or individuals to be deposed, upon the receipt of a duly issued out-of-state subpoena. The terms of the local subpoena will mimic the out-of-state subpoena and also include all of the contact info of the out of state attorneys or the pro se litigant’s info. This amendment to the C.P.L.R. brings New York in line with other states which have already adopted the Uniform Interstate Depositions and Discovery Act, Which was enacted to create, “an efficient and inexpensive procedure to litigants to depose out-of-state individuals and for the production of discoverable materials that may be located outside of the trial state. In accordance with the above, upon receipt of an out-of-state subpoena the County Clerk will compare same with an in-state subpoena (to be drafted and presented by the one submitting the out-of-state subpoena, along with a copy of the in-state subpoena to be filed in the County Clerk’s Office). If the information requested in the out-of-state subpoena is identical to the in-state subpoena the Court Clerk will the then time stamp the in-state subpoena, as filed and return same for a fee of fifteen dollars ($15.00).
For more information visit www.undisputedlegal.com or call 1.800.774.6922. Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact undisputedlegal.com
Like us on Facebook to get exclusive deals.