6-29/108.73 Residential Property Eviction (Endangerment/Drug Activity)



Eviction proceedings to evict residential tenants may continue if the lessor (landlord) seeks possession based on endangerment of property or illegal use of controlled substances at the property. An exception to the automatic stay begins 10 days after the lessor files a certification with the court alleging endangerment or use of substances occurred within 30 days before the certification.  The debtor must object to the certification within 15 days of the certification, in which case the court shall determine whether grounds for the exception exist. (11 USC 362(a)(3))