court papers, including a complaint and summons. The summons will state the date and time when you and the landlord must go to court. If the landlord does not show and you do, the action will be dismissed. If the landlord shows and you do not, then the court will order an eviction. If both parties show, then the court may ask you to meet with a mediator to attempt to resolve the dispute. Possible resolutions include an agreement for the payment of rent arrears, a postponement of the court date, or an agreed-to eviction that gives you time to find a new home.
If the parties cannot resolve the dispute yourselves, then the court will hold a hearing. During the hearing, both parties can present evidence. The judge may issue a decision immediately after the hearing or they may take the matter “under advisement” and issue a decision later. If the judge decides that the landlord has met the requirements for an eviction, then the judgment will be in the landlord’s favor. If the judge decides that the landlord has not met the requirements for an eviction, then the judgment will be in your favor.
Writ of Possession
If there is a judgment in the landlord’s favor, this does not mean that you must leave immediately.
You can file an appeal to the Superior Court and seek a stay of the eviction, but this must be done before the court issues a Writ of Possession. A landlord can request a Writ of Possession as soon as 7 days after judgment. If the reason for the eviction was non-payment of rent and you have paid all rent due as of the date of payment plus any filing fees and service of process fees actually paid by the landlord, then the Writ of Possession cannot issue. A Writ of Possession must be served to you by the sheriff.
If you are still present at the rental property 48 hours