Judgments in Holdover Case
In General
Judgment when Respondent Fails to Answer or Appear
Judgment based on a Stipulation of Settlement
Judgment after Trial
Non-Military Affidavit
The outcome of a landlord/tenant case is either a judgment, dismissal or discontinuance.
There may be a judgment based upon respondent’s default, after trial, by a stipulation of settlement of the parties or by motion.
The final judgment determines the issues raised in the proceeding and establishes the rights and obligations of the parties. The successful party is also awarded the costs and disbursements of the proceeding.
If the petitioner cannot show it is entitled to a judgment, the proceeding may be dismissed with prejudice and cannot be brought again, or dismissed without prejudice and may be brought again. A case can also be discontinued by the petitioner before the respondent has answered, with permission of the respondent or by order of the court.
A respondent’s answer may contain a counterclaim, and the court may render a judgment on that counterclaim in favor of the respondent, or the counterclaim may be dismissed or discontinued with or without prejudice, or severed.
If the court awards the petitioner a possessory judgment, then a warrant of eviction may issue. (More information on Warrants.)
The judgment may include rent due, and if no rent is due while the respondent is in possession, the fair value of use and occupancy of the premises.
The judgment may also contain an award of legal fees to the winning party. Generally, each party in a law suit is responsible for its own legal fees, unless there is an agreement or a statute which provides otherwise. If the lease between the parties provides for an award of legal fees to the landlord for the tenant’s failure to perform any agreement in the lease, the tenant also has the same right to collect an award of legal fees for his or her attorney.
Judgment when Respondent Fails to Answer or Appear
If a respondent fails to answer or appear in court, the petitioner is entitled to seek a default judgment. Unlike a nonpayment proceeding, the Judge will hold an inquest for the petitioner to prove his or her claims. The court will tell you when and where the inquest will take place, it may or may not be conducted in the Resolution Part. At the inquest, the petitioner will also be required to provide information as to the respondent’s military status.
If the petitioner proves his or her case, the judge will direct that a judgment be entered. A final judgment in a holdover proceeding provides for a possessory judgment and may also provide for a money judgment. If the money judgment is not timely paid, the respondent can be evicted. Even if the money judgment is paid, or if there is no money judgment, the respondent can be evicted if there is a possessory judgment. The judge may require that the petitioner serve a copy of the judgment on the respondent. The judgment will normally permit the issuance of a warrant. Most petitioners contact a marshal, provide information and/or a copy of the judgment to the marshal and the marshal then files a request for the issuance of a warrant with the clerk. (More information on Warrants.) Once the warrant issues, the marshal may evict the respondent. (More information on Eviction.)
Learn the procedure for vacating the judgment.
Judgment based on Stipulation of Settlement
If both sides appear, the case will be ready to proceed. A large number of holdover cases are settled in conferences which may include the petitioner, the respondent, the attorneys of either party, mediators, court attorneys, and at times even the Judge.
If the case is settled, a stipulation of settlement will be written. (More information on Stipulations of Settlement.) The stipulation of settlement may provide for the issuance of a judgment and warrant if the respondent fails to comply with the conditions of the stipulation. The stipulation may contain requirements for the petitioner to notify the respondent before the warrant may be issued. The stipulation may require the petitioner to make a motion to the court, either on notice or without notice to the other side, before the warrant can be executed. Whatever, the stipulation requires, the conditions must be complied with before the judgment and/or warrant can be entered or issued.
Once the petitioner has obtained a judgment and warrant of eviction based upon the stipulation of settlement, the marshal can evict the respondent. (More information on Evictions.)
Learn the procedure for vacating the judgment.
If both parties appear and a settlement cannot be reached, the case will be sent to a Trial Part for trial before a Housing Court Judge. If the petitioner proves his or her case, the Judge will direct that a judgment be entered after the trial. The judgment will be a possessory judgment. The judgment may also include rent due, and if no rent is due while the respondent is in possession, the fair value of use and occupancy of the premises. If the petitioner fails to prove his or her case, the judge will dismiss the case.
The Judge may not issue his or her decision on the same day that you try the case. This is called "decision reserved." The Judge may send you a copy of the decision in the mail. However, to be certain, you can call or come to court to learn if there has been a decision. (Learn where to go in your county.)
The judgment will normally permit the issuance of a warrant. If the proceeding is based upon a claim that the respondent has breached a provision of the lease, the court will stay the issuance of the warrant for 10 days, during which time the respondent may correct the breach and avoid eviction.
Most petitioners contact a marshal, provide information and/or a copy of the judgment to the marshal and the marshal then files a request for the issuance of a warrant with the clerk. (More information on Warrants.) Once the warrant issues, the marshal may then evict the respondent. (More information on Evictions.)
Information about appealing the Judge’s decision.
In order to obtain a judgment, the petitioner must provide information
to the court regarding the respondent’s military status. You
may be required to file a non-military affidavit setting forth facts
as to the basis of the belief that the respondent is not serving
in the military, or is not a dependent of someone in military service.
This affidavit generally must be less than 30 days old. You may
view and/or download a copy of the Affidavit of Military
Investigation, a free Civil
Court form. For more information, refer to the Non-Military
Affidavit to read the Civil Court Directive on the subject.
