Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern
Good morning. Can you share with me the State you are in? In addition, do you know why you were just served now? Are you the tenant?
Thank you. I am sorry to hear about what you are going through. In a situation like this, time is of the essence. As such, a tenant may ask a court to issue an Order to Show Cause (OSC) and a Stay, an order staying, or delaying, the eviction until the issues raised by the tenant are addressed on a hearing date set by the court. If the marshal is served with a signed OSC that stays the eviction, he or she is legally bound by the directions of the court, but if the court does not stay the eviction, the marshal must go forward with it. Unless otherwise directed by the court, the marshal, after being served with an OSC that stays the eviction, must serve an additional Notice of Eviction by regular mail before conducting the eviction or legal possession. With that being said, you need to go to the court this morning to start the process for this to happen.
If the eviction was already ordered, the plaintiff does not have to accept what is past due. It is at their discretion. When you appear in court, you can advise the Judge of the same and ask that they accept the rent to cure and show the ability to pay moving forward, so this does not happen again. Moreover, before conducting an eviction or legal possession at a residential premises, the marshal must find out whether the premises are occupied by any individual, such as disabled, elderly, or infirm adults, or unattended children, who are unable to fend for themselves. If such a person occupies the apartment, the marshal must notify DOI, who, in turn, notifies Adult Protective Services (APS), a division of the New York City Human Resources Administration.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!