What happens if a landlord does not enforce an eviction order immediately after itis granted?
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What happens if a landlord does not enforce an eviction order immediately after itis granted?
A court judgement was issued and the landlord did not enforce the eviction order (granted 6 months ago). Does the landlord have to restart the court process or can he call the sheriff to evict? Also, landlord took payments to resolve the debt.
Asked on September 28, 2010 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Typically, after that period of time, the landlord would need to restart the eviction process. Usually, there is a fairly short period of time to act on judgments or writs once granted.
If the landlord accepted rent payments for the amount owed, there is no longer grounds to evict for that unpaid or back rent (assuming either it's *all* been paid, or that there was an agreement to accept X% as payment in full of the debt). Of course, if there are late or missed or partial payments in the future, the landlord can certainly look to evict for them; the landlord could also go back to evict if there remains some outstanding or not satisfied amount from the prior period.
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