Users' questions

What does it mean when a tenant defaults?

What does it mean when a tenant defaults?

In landlord-tenant law, default refers to the failure of a tenant to timely pay rent due. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default.

What happens if a landlord defaults in an eviction case?

Then the judge may let your landlord show there is reason for you to be evicted. If the landlord does that, the judge can enter a default judgment against you. An eviction judgment in an eviction case can be for possession, meaning you’ll have to move out. You may also have to pay any rent the landlord claims you owe.

Can a judge set aside a default judgment?

After the judge enters a default judgment against you, you can’t do anything in your case until you have the judgment set aside. You can ask the judge to set it aside and schedule a new hearing by filing either a Motion to Set Aside Default Possession Judgment or a Motion and Affidavit to Set Aside Default Money Judgment.

When does a landlord file a possession judgment?

If a tenant does not pay the amount owed on a possession judgment within the allotted time, then the landlord can file an order of eviction to have the tenant forcibly removed by a court officer. A landlord will always seek a possession judgment when filing a claim against a tenant for nonpayment of rent.

What does a judge say in a landlord tenant case?

The Judge may then ask what the basis for the objection is. If the Judge agrees with the objection, the Judge will say “sustained”and the evidence will not be admitted. If the Judge disagrees with the objection, the Judge will say “overruled”and the evidence will be admitted.

Can a court default in an eviction case?

The court can enter a default if you don’t respond in a court case. If your landlord gets a default judgment in an eviction case, you can be evicted without going to court. You can also have a judgment for money entered against you. You can only be evicted by a sheriff, a sheriff’s deputy, or court officer.

The Judge may then ask what the basis for the objection is. If the Judge agrees with the objection, the Judge will say “sustained”and the evidence will not be admitted. If the Judge disagrees with the objection, the Judge will say “overruled”and the evidence will be admitted.

After the judge enters a default judgment against you, you can’t do anything in your case until you have the judgment set aside. You can ask the judge to set it aside and schedule a new hearing by filing either a Motion to Set Aside Default Possession Judgment or a Motion and Affidavit to Set Aside Default Money Judgment.

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 is the most common form of tenant default?

What is the most common form of tenant default? Failure to pay rent or maintain the premises.

What happens when you default on a lease?

If you miss payments, the dealership or finance company you lease your vehicle from, known as the “lessor,” may be entitled to repossess the vehicle. Your lease agreement will state what constitutes a default of the lease as well as if there is any “grace period” in making lease payments.

What happens if you get a default judgment?

If you obtain a default judgment from the court and the defendant doesn’t move to set it aside, it operates as a judgment against him. You can proceed to collect under a money judgment or enforce whatever rights you have won. What Is a Default Judgment? An entry of default is the legal equivalent of the “you snooze, you lose” rule.

What happens in the event of default by a tenant?

(a) REMEDIES: In the event of any such default by Tenant then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate.

Can a landlord enforce a judgment for possession?

Landlords can typically handle the eviction of a tenant without an attorney. The Magisterial District Court Rules of Procedure are designed so that a layperson can file a Landlord and Tenant Complaint, obtain a judgment, and enforce the Judgment for Possession without legal expertise.

What happens when a tenant Appeals a judgment?

Once an appeal is filed, the proceedings in Common Please Courts are de novo, which means that the result of the hearing in the Magisterial District Court is of no consequence. This places the burden on the landlord to move the case forward by filing a complaint which meets the requirements of the Rules of Civil Procedure.

What is the definition of a default judgment?

What Is a Default Judgment? An entry of default is the legal equivalent of the “you snooze, you lose” rule. Once a defendant has been given notice of the court case against him, he has a limited amount of time to appear before the court or file an answer to the lawsuit.

Can a defendant attack a default judgment in court?

However, the defendant may be able to attack the judgment if he can show that his failure to answer was the result of excusable neglect. What Is a Default Judgment? An entry of default is the legal equivalent of the “you snooze, you lose” rule.

Can a default judgment be set aside for good cause?

“Setting Aside” a Default Judgment. In most jurisdictions, the defendant will have a prescribed period within which to ask the court to set the default judgment aside, on good cause shown.

Can a tenant sue a landlord for a security deposit?

If the tenant and landlord can’t reach a compromise, the tenant’s best remedy is to sue the landlord for the money withheld, leaving it up to the small claims court judge to decide who is telling the truth. Whether you’re a tenant filing a case or a landlord defending one, it’s important to understand state law on security deposits.