tenant appeals eviction - Landlord Forum thread 335315

tenant appeals eviction by Barb (NC) on May 21, 2015 @20:51

Tenants appeals April small claims courts eviction for non payment rent appeals the decision. Tenant does no attend the court session. Magistrate give LL property back with no money awarded. Tenant appeals the decision on the last day and tell the Clerk of Courts May rent has been paid to the LL (lied no payment was made) The courts allow her the execution bond to stay and granted the tenant the right to stay until the appeal is herd May 26,2015 District Court.Question how can the court allow her to appeal when owned rents were never paid to LL should the court collected on that day as per G.S. 7A-288 (d)?
Secondly She have left the rental unit today in shambles could we do a counter claim on the day of the appeal for rental damages and owned rents? Please advise Barb

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Re: tenant appeals eviction by Jack Klein (NY) on May 21, 2015 @23:21	[ Reply ]

They also call that an order to show cause and some courts allow the tenant another court appearance. They usually lie in order to buy the extra time, but courts are starting to grow wise to it and won't allow it to happen too many times with the same tenant.

Re: tenant appeals eviction by MrDan (Georgia) on May 22, 2015 @21:20	[ Reply ]

Even if the tenant is out, You must continue to seek a 'Writ of Possession'. Failure to do so will mean the Sheriff's Department would enter the Eviction as incomplete. Get that "Writ of Possession' before you start any repairs or cleanup. The rental property is not the landlords until the Court gives possession back. Then inspect for damages and get the Security Deposit Settlement Statement out on time listing all damages and monies owed. The landlord can bring a second suit for monetary damages. There is a three (3) year statute of limitations, three (3) years from date lease is breached. In small claims court, the Magistrate can award no more than $5,000.00. If the damages are more than $5,000.00, you need to sue in District or Superior Court. If the Sheriff does not serve the defendant personally, the Courts cannot award monetary damages. You can charge court appearance fees for 10% of the monthly rental for the first and 12% for the second court appearance. Just by chance, see if the Magistrate Judge would pursue the tenant for falsely applying for an Execution Bond. You never know if you don't ask.

Re: tenant appeals eviction