SUMMARY PROCESS TRIAL & JUDGMENT
At Court, the parties will have an opportunity to discuss the case with each other. They will also meet with a Housing Court Mediator. The goal is to see if it is possible to create an agreement that will satisfy both parties. There are many different options available. For example, many times landlords and tenants will enter into an repayment plan that allows the tenant time to repay their rental arrearage. In other cases, the landlord does not want the tenant to remain at the property but the tenant needs more time to move. In that case, it may be possible to arrange for the tenant to pay reasonable use and occupancy while they find a new place to live. If such an agreement can be successfully negotiated it must be accepted by the Court. Once accepted by the Court it becomes a Stipulated Judgment. If you are a landlord it is important that you have an experienced attorney on negotiate an agreement that protects your rights.
If an agreement cannot be reached then the case will proceed before the Judge for trial. The landlord can testify as a witness and the tenants can be crossed examined. The Rules of Evidence apply to this hearing. At the conclusion, the Judge will decide if and how long the tenants can remain on the property and what if anything they will pay for use and occupancy.
Judgment is automatically stayed for five (5) days following Judgment to allow either party an opportunity to appeal the judgment. More commonly, a Judgment is not appealed but the tenant files a Motion to Open Judgment. Such a motion must be filed during the five day stay. A tenant may also file a Stay of Execution. In cases of non-payment of rent? In addition to the filing fee of ?
Once the appeal period has passed the Court can issue the execution.