Tenant Eviction appeal

5 Replies

Dear Bigger Pocket members, i have a question and happy to get your experience, here is the situation, 

i have filed an eviction of paying rent for 1 month + costs , i have won the case and the tenant file for appeal, in that one she need to pay the rent for the court and also the coming rents until the trail.

Then i got a text saying i have paid the judgment but here are 3-4 fixes i had verbally talked to you and back month and those has to be fixed. (Running Toilet, Water does not drain fast in the sinks, front door is an interior door which i do not understand)

i am looking for some one who had an experience to tell me what should i respond to her for this text message as it obieselly the first time i hear it and second what is going to happen on the court date and what should i be prepared with ?

on the other hand, she has violated the contract by (1) not paying deposit installment (2) Pet Fees Deposit installment, she has not move the water bill under her name so i am taking the hit on that one, she didn't do renter insurance. and i am considering file another eviction in regardless the one that is going on which is on a different case for me.

happy to hear your thoughts on this lovely case.

A lawyer should be handling this for you. 

Why are you allowing installments for deposits?  Why did you allow them to move in without proof of renters insurance and water bill in their name?  Since you've been to court, why did you not include water bills, and deposit arears in your judgement? 

My lease says if renters insurance lapses, added rent of $250 covering insurance would have been assessed.  This, too, would have been part of the eviction proceedings. 



@Mike S. , if you charge $250 fee for renters insurance, do you actually purchase a policy for them?

It does not make any sense to allow someone to sign a lease and move in without paying the deposit first. If they can’t afford to pay the deposit before moving in then you keep searching for a tenant to avoid this situation.

You are in over your head so I would consult with an eviction attorney ASAP so that you can evict the tenant as quickly as possible without losing more money with a dragged out eviction. I would handle the repair requests the same way that you would if the client was not in court for being evicted.

By "winning" the eviction, you were awarded a judgment and possession of the property. A tenant cannot just pay the amount of the judgment and stay

A tenant can appeal and I assume by what you are saying is that the court requires rent to be paid for the appeal to be heard

I would get a status clarification from the court and seek council if needed

Originally posted by @Ray Harrell :

@Mike S., if you charge $250 fee for renters insurance, do you actually purchase a policy for them?

 That would be the eventual result, but I’ve never had to. 

Join the Largest Real Estate Investing Community

Basic membership is free, forever.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.