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Can a tenant be held in contempt of court if a so ordered stip to leave has not been complied with, given that the tenant's request for an extension has been denied?
The question doesn't make sense. A stipulation is not really an extension. If there is an agreement to go forward with the stip in court, then the tenant pays set amount each month until the tenant is current on their arrears. If they default on the stip then the warrant is executed.
In holdover cases, the execution of the warrant is stayed until the last payment on the stip is made. In holdover cases, the LL gets back their back rent and the apartment. Sometimes the tenant is so much of a problem tenant the LL doesnt even care about the money and just wants the apartment back. I forgot what the name of that warrant is called, but it can be done as long as the tenant is not a military vet.
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
The question doesn't make sense. A stipulation is not really an extension. If there is an agreement to go forward with the stip in court, then the tenant pays set amount each month until the tenant is current on their arrears. If they default on the stip then the warrant is executed.
In holdover cases, the execution of the warrant is stayed until the last payment on the stip is made. In holdover cases, the LL gets back their back rent and the apartment. Sometimes the tenant is so much of a problem tenant the LL doesnt even care about the money and just wants the apartment back. I forgot what the name of that warrant is called, but it can be done as long as the tenant is not a military vet.
There was a so ordered stip that said the tenant would be forgiven for arrears if he was out by Christmas. He subsequently asked for an extension. That request was denied. Now, he is still in the unit and no arrears have been paid. No payment and still in the unit, in violation of the stip. Is that contempt of court?
Slightly related:
Is I gave a person a mortgage on a property and he defaulted. Would I have to ge through the same rigmarole to get him out and the property back as does a landlord with a non-paying tenant?
Is foreclosing as difficult a process as regaining an apartment?
There was a so ordered stip that said the tenant would be forgiven for arrears if he was out by Christmas. He subsequently asked for an extension. That request was denied. Now, he is still in the unit and no arrears have been paid. No payment and still in the unit, in violation of the stip. Is that contempt of court?
Well not exactly contempt but the warrant of eviction can now be executed.
__________________
"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
Slightly related:
Is I gave a person a mortgage on a property and he defaulted. Would I have to ge through the same rigmarole to get him out and the property back as does a landlord with a non-paying tenant?
Is foreclosing as difficult a process as regaining an apartment?
Worse. You foreclose on the property and it takes months or years to get it to auction. Once someone buys the property at auction (or, if no bid, title goes to the lender) the former owners (if they live in the property) become holdover tenants and must be evicted through the normal process.
Worse. You foreclose on the property and it takes months or years to get it to auction. Once someone buys the property at auction (or, if no bid, title goes to the lender) the former owners (if they live in the property) become holdover tenants and must be evicted through the normal process.
Wouldn't a foreclosing bank go through the eviction process after getting the foreclosure judgment and before putting it to auction?
Well not exactly contempt but the warrant of eviction can now be executed.
I would love to ask attorneys on this board about the legality of executing a warrant off of a so-ordered stip without going back to the judge. At least, by going back to the court, you're not put off as "the bad guy". That gives the judge the opportunity to address the tenant and throw the hammer at him by approving the execution of the warrant. The landlord would now have both the so-ordered stip and a ruling in open court.
Oh, a thinking occurred......a stip is not a warrant, correct?
I would love to ask attorneys on this board about the legality of executing a warrant off of a so-ordered stip without going back to the judge. At least, by going back to the court, you're not put off as "the bad guy". That gives the judge the opportunity to address the tenant and throw the hammer at him by approving the execution of the warrant. The landlord would now have both the so-ordered stip and a ruling in open court.
Oh, a thinking occurred......a stip is not a warrant, correct?
a stip is like a contract - so break the terms of the contract and the warrant can automatically be issued
__________________
"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
One would still have to go to the judge to have the warrant issued, correct?
The Marshal deals with it. After the deadline if tenant still doesn't move out according to stipulation, you bring the stipulation, notice of petition, and $$$. They process it, request warrant of eviction from court, then they execute the warrant.
Currently I'm missing a "non-military affidavit". Needed that because on the "Notice of petition", our attorney didn't have the names of the other tenants.
Hopefully once the paper work is in the marshal will take care of the rest.
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