In a nonpayment case, if the tenant did not answer the petition, the court will not schedule a hearing. You can request a default judgment 10 days after you serve the petition from the clerk in Housing Court (see below). If the tenant answered the petition, but does not appear on the hearing date, you can ask the judge for a default judgment. In a holdover case, if the tenant or respondent does not appear in court, the judge will hold an inquest. You will have to show that you served the tenant properly and you will need to provide a nonmilitary affidavit.