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A tenant who falls behind and fails to communicate with Lighthouse Management a plan to get caught up will receive a 3-day notice from our office. This notice asks them to pay the balance due, including late fees, or leave. If the tenant fails to do either, the notice informs them that we will have no other course than to pursue a remedy in court.
Once 3 business days pass from the date of receipt, we refer the tenant to our attorney. The attorney will file for a court date and hire a marshal to serve the subpoena to appear in court. The court date is usually about 2 weeks from the date of the filing.
During this time, the tenant is able to call and talk with us. We encourage the tenant to stay and pay. Many times we are able to withdraw the eviction based on communication received from the tenant. |
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Should our attorney have to appear in court on the court date, the judge requires him to meet with the tenant prior to appearing before him. The judge asks the attorney and tenant to work out an agreement to bring before him. The attorney will try to work out terms that will be mutually agreeable, allowing the tenant to stay as long as the agreement is followed.
The attorney and tenant then appear before the judge. The judge hears the agreement, records it, and makes sure both sides understand.
The Eviction Process
After the court proceeding, the Civil Court clerks will issue a "Summary Proceeding Judgment Document." This document will show the results of the eviction proceeding, including any agreement made between the tenant and attorney. As long as the tenant keeps to the terms of the agreement, no further action will be necessary.
Should the tenant fail to meet the terms of his/her agreement, the attorney can request an "acceleration" of the eviction. A warrant is issued and served by the marshal. The tenant will have 3 days to remove his/her belongings if he/she hasn't done so already. Our agency will then go to the unit and change the locks. |
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Learn more about the eviction process by contacting Lighthouse Management at (866) 994-4715 in Buffalo, New York.
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