Landlord Tenant Law
FRKB Office Procedures
LANDLORD TENANT LAW
Q. The landlord is a corporation or a limited liability
company. Must the landlord be represented by an attorney in
A. Yes. A corporation and a limited liability company must
be represented by counsel in all eviction actions.
Q. May I accept payments after a judgment for possession is
A. Yes. You may accept the rent in full. In that instance,
since the judgment for possession has been satisfied, you
cannot request the warrant of removal. However, if a partial
payment is offered and you wish to accept it, you may accept
it if you enter into a payment plan with the tenant on a Court
approved form and timely file the agreement with the Court.
Accepting a partial payment after the Court date without a
written agreement and without filing it with the Court will
void your judgment and you will have to file a new case in
order to collect the balance due. If you do not wish to accept
the partial payment, you should return it to the tenant or
hold it (do not deposit it. If you elect to hold it, you must
notify the tenant in writing that the payment is on hold,
but not accepted by your office until payment in full is made.
Q. My tenant was evicted (locked out by the Constable), but
the tenant did not remove all personal property from the apartment.
May I throw it away?
A. No. According to the Abandoned Property Act, you must
send a notice to the tenant at his/her last known address
(this may be your apartment) and any other alternate address
you have telling the tenant that property was left in the
apartment and will be treated as abandoned property if the
tenant does not pick it up by a fixed date. In the meantime,
you are required to store the tenant's property temporarily.
See our forms page on this website
for a sample letter.
Q: My tenant was served with a Notice to Cease for habitual
late payment of rent. May I accept future rent payments from
A. Yes. However, at the time another late payment is offered
and accepted, you must send a letter to the tenant advising
the tenant that the payment and any late charge is accepted
without prejudice, is made in breach of the lease and its
acceptance does not waive the landlord's right to enforce
the notice to cease or evict the tenant for habitual late
payment of rent. See our forms page
on this website for a sample letter.
Q. My tenant filed bankruptcy. What do I do?
A. If a tenant filed for bankruptcy protection, the tenant
is obligated to pay the regular monthly rent beginning with
the month after the Bankruptcy Petition is filed. If the tenant
fails to do so, you must request permission from the Bankruptcy
Court to start or continue an eviction action. In order to
evict the tenant based upon non-payment of rent or any other
reason, a motion must be filed with the Bankruptcy Court for
permission to proceed. Fill out the bankruptcy information
form on this website and call to speak with one of our attorneys.
FRKB OFFICE PROCEDURES
Q. Who do I call at FRKB for answers to the following questions:
|Did the office
receive my request to file a Complaint?
|Will the Court adjourn a case?
||Audwin Goodwin, ext. 114
|Was the Complaint filed?
|When is the Court date?
||Fronie Sanders, ext. 127
|To find out what happened on the trial/return
date or to follow up on the status of the warrant of removal,
the Court date determines which person to contact.
||Monday Ileana Maysonet, ext. 118
Tuesday Marguerite Owens, ext. 132
Wednesday Ileana Maysonet, ext. 118
Thursday Ileana Maysonet, ext. 118
Friday Diane Graves, ext. 128
|Who accepts my dismissals prior to Court?
||Audwin Goodwin, ext. 114
|What is the status of a Notice to Cease/Quit?
||Diane Graves, ext. 128 or Paula Banas, ext 113
Q. How long will it take before I receive notice of the Court
A. It takes approximately 3 weeks in most counties for your
case to be scheduled for trial.
Q. How are the parties notified of the Court date?
A. The Court mails a postcard which sets forth the date and
time of trial. Once our office receives the cards, we diary
the case and mail the cards to you.
Q. How long will it take me to get a Warrant of Removal?
A. Approximately one to two weeks. The Constable will notify
you once your Warrant has been assigned to him. You are responsible
for scheduling the lockout directly with the Constable.