Q: If judge did not order money judgement in eviction does the tenant have to pay rent to perfect appeal?
Judge ordered my tenant out in 48 hrs. but she appealed. The judge set a later date for money damages so there was no money ordered when she appealed. She got bond waived due to formas pauperis .Tenant owes 3 months rent and $700 water bill and continues to live in my home for free with water being shut off. Appeal is not perfected yet and I thought current rent should be paid with that. How can I get the court to order money damages and current rent during appeal? Could I start another eviction process to get this tenant out of my home?
A: It is probably best to talk to an attorney before you proceed. The attorney might be able to expedite the appeal process too. If the judge did not award back rent it is probably because either it was not requested or the judge denied the request. If the judge denied the request, you will need to appeal this aspect of the determination (a hard claim). If the request was not made you may be able to amend the determination (unless a final order was granted). In the alternative you can pursue an action is small claims court.
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