Tuesday, January 12, 2010


By clicking on the title above, is an instruction sheet from the Nassau County Lawyers Project regarding certain Landlord/Tenant matters. Today I just want to discuss an issue regarding an Order To Show Cause to stay the 72 hour notice of eviction. I have seen situations where Tenants have not filed the required bond with the clerk, waiting until the hearing date to see if they can get additional time, thinking that they should not waste the bond money if Tenant does not get the additional time needed. In such situations, there is no automatic stay until you go to court, have a hearing, and the court may not grant the stay. My advice: when you seek the Order To Show Cause, post the bond, make sure the Sheriff is served, and keep a certified copy of the stay or a sealed copy of the Order To Show Cause in case any one from the Sheriff's Department tries to evict.

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