The wording in an order to show cause in regard to an eviction will vary depending on the jurisdiction, but it will generally include the following information:
The name of the court and the case number
The names of the landlord and tenant
The date, time, and location of the eviction hearing
A brief statement of the reason for the eviction
An order to the landlord to appear in court on the date and time specified to show cause why the eviction should be granted
A warning to the landlord that if they fail to appear in court, the eviction stay may be granted without further notice
For example, an order to show cause in regard to an eviction in New York might be worded as follows:
An Order to Show Cause in New York State is a legal document that allows a tenant to request a court hearing to address an eviction. Here is a template for the wording of an Order to Show Cause for a tenant seeking to stay an eviction in NYS:
[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[Judge's Name]
[Court's Name]
[Court's Address]
[City, State, Zip Code]
RE: Order to Show Cause to Stay Eviction
Dear Honorable Judge [Judge's Last Name],
I, [Your Name], the tenant of [Rental Property Address], hereby request an Order to Show Cause to stay the eviction proceedings initiated by my landlord, [Landlord's Name]. I respectfully request a court hearing to address the eviction and seek relief from the impending eviction.
I believe that I have valid grounds to request a stay of the eviction, as [provide reasons such as financial hardship, lease violations, improper notice, etc.]. I am seeking the court's intervention to protect my rights as a tenant and prevent an unjust eviction.
Therefore, I respectfully request that the court issue an Order to Show Cause requiring [Landlord's Name] to appear before this Honorable Court and show cause as to why the eviction should not be stayed or delayed.
I request a traverse hearing.
Wherefore
I am prepared to present evidence and arguments in support of my request to stay the eviction. I respectfully request that the court grant me relief from the eviction proceedings and allow me to remain in my home.
Thank you for your attention to this matter. I look forward to the court's prompt consideration of this request.
Sincerely,
[Your Signature]
[Your Printed Name]
Please note that this template is a general guide and should be customized to fit the specific details of your situation before filing with the court.
It is important to note that this is just an example, and the specific wording of an order to show cause may vary depending on the jurisdiction. However central Islip and Riverhead law libraries are staffed by attorneys of which will give free advice on this subject.
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