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We settled with a tenant, signed by both party and the judge.
Terms:
1.Enter into a stipulation where as the landlord will forgive the rent arrears if the tenant is out by 12/25/12 with 5 days grace period.
2.Not required to pay rent unless apartment was damaged or not move on the required date.
Today, 12/26/12 tenant requested to extend time and was denied. At this rate we don't think he will be move out. What should we do after the grace period? Do we go back to court? Or do we show the agreement to Marshall and ask them to evict tenant?
Another question is, What is the grace period for? Is that to give him more time to move out? If required to move on 12/25/12, does that mean he needs to start paying all the back rent now?
Over here it works different. You get a final order from the judge and pay $ 90 to the sheriff for the writ of possession and usually they are out prior to the sheriff showing up or try to ask for additional time.
I case of physical eviction we have our phone numbers and/or people ready for changing of locks, gettingcars of the property by towing them away and signing a releae that we don't have any interest in them (that was actually a tip from the sheriff to do this) and get their stuff out at the curb ....usually most stuff will be taken by neighbors or people coming by and you can post on craigslist thatstuff is on the curb so you limit the amount of stuff to haul off after the time frame is over and you need to pay someone to bring it to the dumb or remove it yourself....
I guess you need to either check the landlord/tenant law of your State and/or call the court house phaps they will provide sme info or contact a lawyer.
So on 12/31/12 i should go to court and request the final order(writ of possession), then to sheriff office to execute the order? Will I need to schedule an appointment? And how do i get the back rent as stated in the stipulation?
Have you read the NYC landlord-tenant statutes? Most of the answers to your questions should be there. You really need to contact a lawyer - Manhattan Bar Association Lawyer Referral Service will get you a low-cost initial consultation with an attorney familiar with the system.
So on 12/31/12 i should go to court and request the final order(writ of possession), then to sheriff office to execute the order? Will I need to schedule an appointment? And how do i get the back rent as stated in the stipulation?
Yes you will need to go to court since they did not leave by 26th. The court will give you paperwork for the sheriff/marshall to post on the property. The sheriff/marshall will post the notice and if they don't leave they will have to call the police to force them out. This is where you or someone needs to be present to ensure locks are changed the moment they are out.
Good luck and keep us posted. BTW, this is what we do in Connecticut.
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.
Should have all the paper work submitted to the marshal tomorrow.
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