Monday, September 24, 2007

Repeating, Reposting

Some time ago, in my landlord/tenant articles, the Jamestown Lawyer believes something was written about the timeline of an eviction proceeding. Needless to say, not everyone is an avid reader and takes my words to heart, so I would like to repeat something:

Should the court issue a warrant of eviction, the tenant has three days following service of the warrant to vacate or be removed.

Court signs, three days. Those four words are the most relevant bits. Perhaps "service" is one to be examined in another post, but that's usually done correctly locally in my experience.

I post this because there seems to be a common misconception that it is "three days, except ___" where the blank is filled by the tenant's situation of choice. There is no provision other than three days when one is talking rentals outside of a mobile home park. Nothing that can fill that blank will alter the language of the law.

That said, the court does have certain discretion to extend the timeline. Tenants who are actively trying to move, who have family situations that complicate things, that are disabled, etc., all have grounds to ask the court for an extension. However, there is no provision of the Real Property Actions and Proceedings Law that says because you have a small child at home or are in a wheelchair or anything else that you're automatically granted 30 days to move.


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