Appeal (by Cheryl [NH]) Jan 21, 2011 10:24 AM|
Appeal (by Moshe [CA]) Jan 21, 2011 10:28 AM
Appeal (by Cheryl [NH]) Jan 21, 2011 10:36 AM
Appeal (by Moshe [CA]) Jan 21, 2011 10:39 AM
Appeal (by Cheryl [NH]) Jan 21, 2011 11:25 AM
Appeal (by Moshe [CA]) Jan 21, 2011 1:14 PM
Appeal (by Cheryl [NH]) Jan 21, 2011 1:48 PM
Appeal (by nhsailmaker [NH]) Jan 21, 2011 2:58 PM
Appeal (by Dejay [TX]) Jan 21, 2011 3:27 PM
Appeal (by Jason PA [PA]) Jan 21, 2011 3:31 PM
Appeal (by Reid [KS]) Jan 21, 2011 5:56 PM
Appeal (by Mike45 [NV]) Jan 21, 2011 7:50 PM
Appeal (by billy [MA]) Jan 22, 2011 6:16 AM
Appeal (by vince [PA]) Jan 22, 2011 6:16 AM
Appeal (by Virden [OH]) Jan 23, 2011 4:51 PM
Appeal (by Shelby [NH]) Jan 24, 2011 7:19 AM
Appeal (by Cheryl [NH]) Jan 24, 2011 9:16 AM
Appeal (by Cheryl [NH]) Jan 24, 2011 9:18 AM
Appeal (by Cheryl [NH]) Jan 24, 2011 9:20 AM
Appeal (by Cheryl [NH]) Posted on: Jan 21, 2011 10:24 AM
State Specific Question About: NEW HAMPSHIRE (NH)
Has anyone ever had a tenant appeal a writ of possession for non-payment of rent? --65.175.xxx.xx
Appeal (by Moshe [CA]) Posted on: Jan 21, 2011 10:28 AM
No, but what's the big deal?
Any court procedure is subject to appeal. Its just an extension of the same subject, namely that tenant needs to quit for cause.
Appeal (by Cheryl [NH]) Posted on: Jan 21, 2011 10:36 AM
It is a big deal to me if my tenant gets to stay longer. He put up such a scene in court that the court officer walked us out. And if he appeals, it's more $$$ I have to pay out and more $$$ I lose in rent ! --65.175.xxx.xx
Appeal (by Moshe [CA]) Posted on: Jan 21, 2011 10:39 AM
Sorry to hear that, Cheryl, but thats part of LL business. Get a lawyer to see if he can hurry things up.
Can you ask the court to order him to deposit rent with the court pending the appeal?
Appeal (by Cheryl [NH]) Posted on: Jan 21, 2011 11:25 AM
He is supposed to pay all back rent and then make weekly payments beginning with appeal filing date. --65.175.xxx.xx
Appeal (by Moshe [CA]) Posted on: Jan 21, 2011 1:14 PM
So, see what you can coerce from him.
If he doesn't have anything, blame it on inadequate screening, take a lesson and go on.
Appeal (by Cheryl [NH]) Posted on: Jan 21, 2011 1:48 PM
I did all the proper screening. Please don't write any more if all you are going to do is insult me as to who I chose for a tenant and I didn't follow proper screening procedures. I'm simply interested in how others have handled appeals. --65.175.xxx.xx
Appeal (by nhsailmaker [NH]) Posted on: Jan 21, 2011 2:58 PM
never heard of an appeal filed - they have to come up with the money - and that usually seals the deal
based on the court action maybe you need to file a restraining order --75.68.xxx.xxx
Appeal (by Dejay [TX]) Posted on: Jan 21, 2011 3:27 PM
Appeal requires rent plus court fees plus tenant gets a lawyer. $$$ the tenant doesn't have.
Unless the tenant (and the tenants lawyer) think they are going to really win an appeal it is not an effective stall method.
If you think they will win the appeal then there is much more to this story. --76.243.xx.xxx
Appeal (by Jason PA [PA]) Posted on: Jan 21, 2011 3:31 PM
I haven't yet had an appeal, however my freind did and I sat in with his appeal hearing.
The only good thing about it, at leat here in PA for them to appeal they have to pay $$ into the prothonotary to file and to keep the appeal active. That way you will eventually get some $$, that is if it is that way where you are.
I hate when people bring up the screening thing after the fact, but that is how some are on this site. --71.251.xxx.xxx
Appeal (by Reid [KS]) Posted on: Jan 21, 2011 5:56 PM
Is there a possibility that since he caused enough of a scene that Bailif had to escort you out , you could ask the court to get him out sooner as you are concerned for your safety ? --99.151.xx.xx
Appeal (by Mike45 [NV]) Posted on: Jan 21, 2011 7:50 PM
Not in New Hampshire, but I have had to deal with Tenants appealing.
First, see if T appeals -- they make a lot of noise, but often don't follow through. If he does appeal, see if he posts a bond (often called an "appeal bond" or a "supersedeas bond"). In most states, if there is no bond posted, there is no stay of execution pending the appeal. That means that if he doesn't post a bond, you can still evict him while the appeal is pending!!
That is the way the laws are written in NV, but the Constable in my county will not evict once the appeal has been filed, even if no bond is posted. My Constable just ignores the law, and there is nothing I can do about it unless I want to sue him -- something I don't want to do!
Second, see if there are any teeth to the requirement that the T pay rent while the appeal is pending. Again, NV requires this, but I can't get the deadbeat thrown out if he doesn't pay while the appeal is pending.
Third, calendar the deadlines of the appeal process, and bring a motion to dismiss the appeal for failure to comply with the deadlines as soon as the T misses a deadline. In the motion to dismiss, you point out the lack of an appeal bond, the failure of the T to pay rent pending the appeal, and the complete lack of merit to the appeal. It MIGHT help convince the judge to throw the case out.
Good luck. Be patient, and realize that although it is your money that is vanishing, you have to "play" the "game" through to the end.
I've been there and it is soooo frustrating!
Appeal (by billy [MA]) Posted on: Jan 22, 2011 6:16 AM
i had 1 guy who was going to appeal for trial by jury but couldnt get his lawyer to court so it fell apart.here they are supposed to pay if they want to appeal.wait to see if he files appeal before you get atty. --173.14.xxx.xxx
Appeal (by vince [PA]) Posted on: Jan 22, 2011 6:16 AM
We are in PA and recently had an appeal. The bad news is that the prothonatory office will only deal with attorneys which means i had to pay them. but as Jason said they have to post $$ to file. The LL is entitled to that money however again you need an attorney to get it because the prothonatory office has no idea how to do it and will not offer help.
funny thing is the tenant's check to file the appeal bounced so it took me a little while but I eventually got a check. --207.255.xx.xx
Appeal (by Virden [OH]) Posted on: Jan 23, 2011 4:51 PM
Cheryl, it might be best to use a flat-fee service for the next eviction - even if it a slam dunk and ask a lot of questions about this case, I am wondering why you were both escorted out? it may be you were nibbling on the tenant when you should let the court ask the tenant questions about late payments, or the judge just had a bad day and took it out on you - I had one once make the award to the defendant who admitted she had recv the late bill and ignored it, the judge was doing the yelling and I had to appeal with counsel because I could not transfer the case to another judge - I was very upset at this ruling. --99.147.xx.xxx
Appeal (by Shelby [NH]) Posted on: Jan 24, 2011 7:19 AM
Hi Cheryl, Yes, we have had a tenant appeal the district courts order. Actually, we are in the middle of it now. yuck !!! Went to court back in November with these people, got the decision from the district court that they had to vacate, then they filed their appeal. We have been waiting ever since to find out if the Supreme court will hear the case or not. In the meantime, the tenants have to pay the district court weekly, but we don't get to see any of it until all is said and done. --98.229.xxx.xxx
Appeal (by Cheryl [NH]) Posted on: Jan 24, 2011 9:16 AM
Hey Shelby - Were your tenants evicted because of non-payment? --65.175.xxx.xx
Appeal (by Cheryl [NH]) Posted on: Jan 24, 2011 9:18 AM
Virden from OH - We were escorted out becuase of the tenant's rambling and he is known to the court house since he's been in there so many times. My atty was w/me in court and we did not say one word. The judge was very good... --65.175.xxx.xx
Appeal (by Cheryl [NH]) Posted on: Jan 24, 2011 9:20 AM
To: Shelby -- Hey again -- just curious - I thought you could make a motion to receive payments while appeal is pending... please look at the supreme court rules - I think #5 or 7? Might be worth checking... --65.175.xxx.xx