Rev. 04/29/19

CERTIFICATION OF LANDLORD
(362(b)(23))

Overview:

There is an exception to the automatic stay with respect to an eviction seeking possession of rental property based on either the endangerment of the property or illegal use of controlled substance on the property. This exception applies only if the landlord files and serves either: (1) a certification of eviction; or (2) a statement that the debtor has endangered the property or illegally used (or allowed the use of) controlled substances on the property within the preceding 30 days. If the debtor files an objection to the landlord’s certification within 15 days, the exception will not apply unless otherwise ordered by the court. If the debtor does not file an objection within 15 days, the clerk must immediately service upon the landlord and debtor a copy of the docket indicating the lack of objection. If the debtor timely files and serves an objection, a hearing must be held within 10 days. If the court overrules the debtor’s objection, the clerk must immediately serve upon the landlord and debtor a certified copy of the order upholding the landlord’s certification.

 Codes, Rules and Forms:

CM/ECF Event(s):

             Miscellaneous, Certification of Landlord under 11 U.S.C. § 362(b)(23)