An Eviction must include all Tenants on the lease. Failure to do so may result in starting the process from the beginning. However, there are instances that individuals provide the Court an Affidavit claiming to be a Tenant. The Landlord still needs to address it with the Court before the process can be completed. To learn about how a Third Party Affidavit affects a Writ of Possession, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
How a Third Party Affidavit affects a Writ of Possession
Evictions tends to be straightforward. The Landlord gives the Tenant a three day notice for failure to pay rent. If they do not pay, the case is filed. If it is not resolved at mediation, a Final Judgment will be entered. Thereafter, a Writ of Possession is issued allowing the Sheriff to remove the Tenants from the property. While rare, there are times that an individual files a Third Party Affidavit alleging that they are a Tenant and were not named in the Eviction. This can create a problem for the Landlord.
The Affidavit filed by the Individual must allege how they are entitled to possession of the property. Regardless if the Affidavit is genuine, the Sheriff is prevented from enforcing the Writ of Possession. As a result, the Landlord needs to contact the Court to allow the Process to be completed although the Affidavit was filed. The Court will likely set the matter for an evidentiary hearing. If they determine that the Individual is not entitled to possession, the Affidavit will be stricken and the Writ of Possession will be executed.
On the other hand, if the Court determines that the Affidavit is valid, the Landlord will have to amend their or file a new case altogether. While this rarely occurs, it is always a possibility. Therefore, Landlords should be very careful when filing a Complaint. One mistake can delay the process. If you have questions about how a Third Party Affidavit Affects a Writ of Possession, contact the Law Office of Brian P. Kowal, PA. at (954) 990-7552.