After a lease has been terminated, if the tenant refuses to move out, then the landlord may seek an Order of eviction in Magistrates Court. The tenant is entitled to a notice of the proceedings and a hearing. The Magistrate will issue a written Order requiring the tenant to immediately move out or to explain to the Magistrate within 10 days after service of the Order upon the tenant, why he should not be evicted. If no one can be found in possession of the rental unit for a period of 15 days or more, a copy of the Order may be served by posting it on the most obvious part of the premises. If the tenant notifies the Magistrate that he contests the ejectment, a hearing will be held and the tenant is entitled to a trial by jury, if he requests it. If the verdict is for the landlord, the Magistrate will issue an Order of ejectment within 5 days, and the tenant shall be ejected by a Deputy Sheriff of the County. The Deputy Sheriff who carries out the Order of ejectment, presents a copy of the Order to the tenant, and gives the tenant an opportunity to vacate voluntarily. If the tenant refuses to vacate or the premises appear unoccupied, the Deputy Sheriff, if necessary, may then enter the rental unit by force, using the least destructive means possible, in order to eject the tenant. The Deputy Sheriff may use discretion in delaying the removal of ill or elderly tenants.
Posted on: Thu, 25 Sep 2014 01:59:50 +0000
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