When does the tenant have to move after being evicted by the court?
The tenant has 10 days from the date of the judgment to move (in some cases, the tenant must move immediately). If not, the landlord will be able to obtain an order of eviction from the court to forcibly evict the tenant from the premises.
How long does the tenant have to pay to prevent eviction?
If the judgment is for nonpayment of rent, then the tenant has 10 days from the date of the summary proceeding to pay rent and costs to prevent eviction.
When can the plaintiff start enforcing a money judgment?
The plaintiff may start enforcing a money judgment 21 days after the date of the judgment.
What is the maximum late fee my landlord can charge?
There is no set maximum fee, but under the discretion of the court. In this district, a maximum fee of $50 is acceptable. If the fee is greater than $50, the landlord must justify this amount to the court.
Why is the maximum late fee under scrutiny by the court?
The late fees might be a liquidated damage which can be enforced or it might be a penalty which is not enforceable.
What is a liquidated damage?
A liquidated damage is a predetermined damage amount for breach of a contract, in this case, the lease.
When is a late fee a liquidated damage?
A late fee is a liquidated damage if all of the following is true:
- there are no reasonable means to determine damages at the time of the lease,
- there are no reasonable means to determine damages at the time of breach of the lease,
- the amount is reasonable under the circumstances, and
- it does not serve as a penalty.
When is a late fee a penalty?
If the late fee does not meet one of the criteria for a liquidated damage.