Q: Can my landlords atty still obtain a Writ of Eviction since the time to apply for same lapsed approx 3 mos ago?
10/2018 I received a notice to quit (home is being sold, eviction is not for non pymnt) from landlords atty. I lost eviction case 1/7/19. I appealed the judgment pro se. 2/13/19 I received notice of intent to dismiss appeal via truefile. The notice was also sent to landlords atty. I submit the req’d doc’s incorrectly and, my appeal was dismissed 3/5/19. I received notice of same 3/5/19 via truefile along with landlords atty. 3/15/19 36th district court entered an order “that an action to remove the case from appeal was filed” and that “..it is ordered that this appeal is dismissed. This order resolves all pending claims and closes the above captioned matter.” 4/1/19 landlords atty emailed stating if I did not move out his next step was to obtain a Writ. I made a settlement offer that was rejected 4/9/19. 6/5/19 I received notice for a hearing to obtain a Writ of Eviction 6/12/19. Since judgment for possession was entered the atty never filed the app/order to obtain same.
A: Yes, the attorney can obtain a writ of eviction. Your appeal was dismissed, and so the judgment issued in January remains valid. The original date to obtain a writ of eviction is simply a waiting period; in other words, the landlord must wait until that date to obtain a writ of eviction, but he or she doesn't have to get one on exactly that date.
The hearing for the writ of eviction will be about whether the court shall now issue that writ. It's not about whether they are entitled to do so. You must be prepared to have your stuff out now, and certainly before the 12th, or have a pretty good argument prepared for the judge about why you now need more time since you've already had since January to move.
Kenneth V Zichi agrees with this answer
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