Ventura, CA asked in Appeals / Appellate Law for Arizona

Q: Upon appeal the tenant was granted a stay the day the writ was to be enforced and escrow was to close. what can I do?

The tenant has interfered with the sale of the property for over a year ,badgering buyers. When the tenant learned the property sold he refused access to realtor and inspector along with non payment of rent and numerous lease violations the judgement was awarded and he was to be evicted. The escrow closing was contingent upon removal of bad tenant (with 25 pages of criminal rap sheets). and the buyers inspection. There must be some thing I can do to get him out and save the sale I am 83 with terminal cancer.

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1 Lawyer Answer
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Baltimore, MD

A: First, I am not an Arizona lawyer. But perhaps you can file a motion requesting the court to lift the stay, for all the reasons you have noted and any other reason having to do with the appeal. But it seems like the tenant is just stalling for time, so if the stay is not lifted, it shouldn't been long before the appeal is finished.

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