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Demand For Jury Trial Unlawful Detainer In Bronx
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State:
Multi-State
County:
Bronx
Control #:
US-000287
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FAQ
A landlord must use the 14-day/30-day notice for any breach except nonpayment of rent. Common causes for 14-day/30-day notices are keeping pets when the lease says “no pets”, loud parties that cause neighbors to report noise complaints, and illegal activity (such as illegal drugs) in the unit, among others.
Tenants can win an unlawful detainer case by proving: There are no legal grounds for the eviction. The landlord did not properly follow eviction procedures. The offense is not legal grounds for eviction.
In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...
New York Tenant Eviction Process Timeline Providing a Notice14-90 calendar days Serving the Complaint 10-17 business days Tenant Response 10 or fewer business days Court Process 10-20 business days Final Move-out Period 14 business days or fewer
Under the new Good Cause Eviction law, New Yorkers have the right to continue living in their homes without fear of unreasonable eviction or extreme rent increases. In many situations, tenants of market rate housing will now be covered by more expansive protections. Read below for details.
If the landlord simply doesn't show up AND doesn't send a representative, then unless he has made arrangements with the court due to some extreme issue (such as being hospitalized) the case is normally dismissed. In an extreme circumstance, the case might be rescheduled.
For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York 5 Page 9 City, 30 days' notice is required, rather than one month.
More info
If you wish to make a jury demand, you should request a jury trial when you answer the petition. Most leases do not allow jury trials.You must file a jury demand and pay the jury fee on the court date. "Unlawful detainer", or UD for short, refers to the name of the official court complaint that a landlord makes when they want to evict a tenant. This booklet explains many of these laws you need to know and provides resources where you can find more information about landlord and tenant issues. Ask for a trial date in an eviction case when the tenant filed an Answer (form UD-105). If you are a tenant or landlord and you have an ongoing dispute, including eviction, you can get information and assistance from Housing Court. The Court has fourteen General Division judges Judges preside over civil, criminal, and traffic cases and conduct both jury and non-jury trials. On December 9, 2004, a jury in the case of United States v. Case opinion for NY Supreme Court BRONX INC v.