MOTION TO STAY WRIT OF PO
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
MOTION TO STAY WRIT OF PO (by Chris [FL]) Feb 17, 2017 7:49 AM
       MOTION TO STAY WRIT OF PO (by Robert,Ontario,Can [ON]) Feb 17, 2017 8:10 AM
       MOTION TO STAY WRIT OF PO (by Vee [OH]) Feb 17, 2017 9:04 AM
       MOTION TO STAY WRIT OF PO (by Shaun [FL]) Feb 17, 2017 9:25 AM
       MOTION TO STAY WRIT OF PO (by Moshe [CA]) Feb 17, 2017 9:32 AM
       MOTION TO STAY WRIT OF PO (by Chris [FL]) Feb 17, 2017 2:00 PM
       MOTION TO STAY WRIT OF PO (by Laura [MD]) Feb 17, 2017 4:14 PM
       MOTION TO STAY WRIT OF PO (by Vee [OH]) Feb 17, 2017 6:50 PM
       MOTION TO STAY WRIT OF PO (by elliot [RI]) Feb 19, 2017 1:26 AM


MOTION TO STAY WRIT OF PO (by Chris [FL]) Posted on: Feb 17, 2017 7:49 AM
Message:

I've never been this far before and wonder what next?

History, yes, I tried working with her Sept, Oct, and Nov 16. She never returned any calls and has always waited until she received any paper work before she complies.

The Judge gave her a chance, now Feb rent she paid $700 of $1300, and once again no call, no nothing.

I filed my Notice of non compliance, got my Writ of Possession and gave it to the police.

The tenant has filed a MOTION TO STAY WRIT OF POSSESSION.

What next?? Any body know, Duval Co. Jacksonville, FL.

--138.162.x.xx




MOTION TO STAY WRIT OF PO (by Robert,Ontario,Can [ON]) Posted on: Feb 17, 2017 8:10 AM
Message:

Best to contact a landlords association where there are listings on this site or Google to find one near the rental. One is going to require advise on how to proceed. --65.95.xx.xxx




MOTION TO STAY WRIT OF PO (by Vee [OH]) Posted on: Feb 17, 2017 9:04 AM
Message:

Does your lease contain wording that the payment applies to old damages and fees then actual rent, you may have already used the payment in old costs, send an accounting sheet before applying to current rent, but you need local help to understand the legal wording. --76.188.xxx.xxx




MOTION TO STAY WRIT OF PO (by Shaun [FL]) Posted on: Feb 17, 2017 9:25 AM
Message:

Chris,

When she filed Stay Writ of Possession, did she deposit monies owed to you with the Clerk of Court? That would be the first thing I would find out. Second, what was the reason for the Stay…

KatieKate has more Court room experience than I, hopefully she will chime in soon. --205.223.xxx.xx




MOTION TO STAY WRIT OF PO (by Moshe [CA]) Posted on: Feb 17, 2017 9:32 AM
Message:

" What next?? "

1. Hearing on motion.

2. Decision to grant or to deny motion. If "deny", the

Writ is not stayed, remains in effect; go ahead and execute. If grant, then hearing is scheduled on reasons for requesting the stay, and show goes on.

--108.56.x.xxx




MOTION TO STAY WRIT OF PO (by Chris [FL]) Posted on: Feb 17, 2017 2:00 PM
Message:

Shaun, no she did not pay any monies into the court and the law said she was supposed to.

Anyway, the Police Officer called, good long talk, he will have to call the Judge Tuesday morning but consensuses says she is stalling to get her things out.

The stay is locked but the Officer read it in short and she is asking for a couple weeks to get her stuff out, says she has a check, pulled the child card (not on the lease or application) so...,

The Officer said he will talk to the court Tuesday and then call me. Moshe, if deny then out she goes. If hearing than hearing, but for now I wait for the Officer to call me Tuesday.

It's not right when tenants do not pay and file without paying, I feel she is stalling for time. --24.129.xx.xxx




MOTION TO STAY WRIT OF PO (by Laura [MD]) Posted on: Feb 17, 2017 4:14 PM
Message:

View this as a learning exercise for you and her your teacher. She obviously knows something about how the process works and and going to teach you lessons. Be a good student and learn how to outwit the teacher. Let a part of you be grateful for the experience, because if you learn well this will never happen to you again. The difference between long term landlords and those who quit and burn out, is how well you learn lessons like this! --108.28.xxx.xx




MOTION TO STAY WRIT OF PO (by Vee [OH]) Posted on: Feb 17, 2017 6:50 PM
Message:

Motion to strike. --76.188.xxx.xxx




MOTION TO STAY WRIT OF PO (by elliot [RI]) Posted on: Feb 19, 2017 1:26 AM
Message:

I had one case that the tenant filed STAY after Writ of Possession. It was my greed and mistake. Tenant wanted to stay over Christmas, knowing that I wouldn't be able to rent it out, I was thinking, why not, if you pay some $$ I will let you stay and move out 2 weeks later.

The mistake was I did all that in text message and the judge read it on her cell phone and granted the stay even though both party explicitly agreed on a move-out date, citing, we were negotiating a new term, which override the execution.

Since then, I am still greed but don't make the same mistakes and no evidence, no STAY.

Btw, the same evicted tenant tried to contact me for apt recently cos she got her section 8 voucher.. I promptly blocked her number. (I have tons of section 8 tenants, not past evictees)

I knew of another landlord's case. The tenant appealed to superior court citing some personal injury due to tripping on an inappropriate high threshold , she was able to stay till after the court hearing, then execution proceeded. More $$ for lawyer's appearing on at the court (like $400), but it will be over one way or the other. (The landlord had to deal with her lawsuit after the house was sold) Quite a drama! --24.34.xxx.xx





Reply:
Subject: RE: MOTION TO STAY WRIT OF PO
Your Name:
Your State:

Message:
MOTION TO STAY WRIT OF PO
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: