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Frequently Asked Questions
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The tenant has 10 days from the date of the judgment to move (in some cases, the tenant must move immediately). If not, the landlord will be able to obtain an order of eviction from the court to forcibly evict the tenant from the premises.
If the judgment is for nonpayment of rent, then the tenant has 10 days from the date of the summary proceeding to pay rent and costs to prevent eviction.
The plaintiff may start enforcing a money judgment 21 days after the date of the judgment.
There is no set maximum fee, but under the discretion of the court. In this district, a maximum fee of $30 is acceptable. If the fee is greater than $30, the landlord must justify this amount to the court.
The late fees might be a liquidated damage which can be enforced or it might be a penalty which is not enforceable.
A liquidated damage is a predetermined damage amount for breach of a contract, in this case, the lease.
A late fee is a liquidated damage if all of the following is true:
there are no reasonable means to determine damages at the time of the lease,
there are no reasonable means to determine damages at the time of breach of the lease,
the amount is reasonable under the circumstances, and
it does not serve as a penalty.
If the late fee does not meet one of the criteria for a liquidated damage.