Order To Show Cause To Stay Or Stop An Eviction
If you receive an Eviction Notice from a Marshal that requires you to leave your property, you may be able to stop the eviction, at least temporarily, by requesting an Order To Show Cause to stay or stop the eviction.
An Order to Show Cause is an emergency application to the Court. It can be granted for many reasons. Often a tenant needs more time to pay rent. Sometimes a tenant did not receive the landlord’s legal papers or missed a court date and a default judgment was unfairly entered against them. An Order to Show Cause is a set of legal papers that can stop the landlord from evicting you. It will often give you time to fight for your legal rights.
Once the judge has reviewed your reasons to stop the eviction, he or she will sign an Order to Show Cause for you to personally deliver to your landlord’s lawyer and to the Marshal to stay or stop your landlord from coming to your property and changing the locks. On your court date, you should have documents and witnesses to prove why your eviction should not go through. During the proceeding, the judge could decide to stop your eviction or side with the landlord and let it proceed.
If you are threatened with eviction, you should immediately seek counsel from an experienced commercial landlord and tenant attorney. Commercial leases are very complex and having an experienced attorney by your side is the only way to assure that your rights are protected.
For experienced legal advice, please call the team at Brasch Law today at 212-267-2500.
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