Q: In landlord, tenant law, can an eviction be quashed Under the 56 day rule If the court took too long to rule on appeal?
I was evicted from my home for nonpayment of rent. I filed an appeal. The 30th circuit court took six months to rule on my appeal. They agreed to uphold the eviction. Can I quash the eviction under the 56 day rule? I have paid all of my rent into escrow. I have a remaining balance of $1805.72 can the ambiguity of the statute give me grounds to quash the eviction? are there any other arguments that I can make to prevent myself from being evicted?
A:
Unlikely. While I like where you're going with your logic, unfortunately the law doesn't work that way.
Procedurally, there was an order for eviction that you appealed. When you appeal, things are sort of put on hold during the pendency of the appeal. Then, the decision is made to either continue as ordered or go back. In your case, the court upheld the eviction, and so the case picks up exactly where it left off. Think of an appeal like in college football when either coach challenges a call on the field: the referees review the play and determine either 1) the ruling on the field stands or 2) it's overturned and things go back to how they were before that play.
Your best course at this point might be to try negotiating with the landlord. Maybe after this appeal period, they don't want to evict you either? They don't have to just because they have a valid order now.
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