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I was recently given a final judgment in a case of eviction and now the tenant has filed a Supersedeas Bond. How can she do this when the judgment was final?
Wiki User
∙ 14y ago
DID you read what supersedeas means. On a final determination of a case in a lower court, an adverse party can ask to stay(stop) the judgement for purposes of review by another court, (higher court)
Wiki User
∙ 14y ago
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In the State of Maryland how much time does a landlord have to return a deposit after the tenants vacate?
In the State of Maryland, a landlord has 45 days from the date a residential tenant vacates the premises to return any security deposit, minus any deductions for damage. Within 30 days of the date the tenant vacates, the landlord must notify the tenant in writing of any damage deductions being taken from the security deposit. If a landlord fails to return any portion of the security deposit rightly owed to the tenant, the tenant can sue the landlord for up to three times the amount of the security deposit that was wrongly withheld, plus attorney fees. Maryland has many online legal self-help resources on landlord-tenant law and other subjects. For a directory of these resources, visit the Maryland Courts Self-Help Directory related link.
Can a landlord turn off the electricity of a tenant?
No. Police or Sherriff will have them turn it back on.
Does electricity bills come with rent?
Not usually - Utility bills are the responsibility of the tenant.
What motions can be filed as legal defenses for tenant in eviction?
Typical motions: to dismiss for failure to state a claim or for lack of jurisdiction; motion for summary judgment on the pleadings because there is no dispute of material facts. You may also consider filing a detailed answer with clarification of any twisted or incomplete facts alleged in the complaint, and denials of any exaggerations or misstatements, as well as putting forth arguments for other defenses (breach of contract, breach of warranty of habitability (privacy, health code, etc), warranty of quiet enjoyment, equitable defenses (laches, unclean hands, balance of hardships...)); and even counterclaims, in a proper situation (torts by landlord such as negligence, nuisance, infliction of emotional distress, theft/conversion of your personal property, fraud, unfair business practices, false advertising, etc), and regulatory violations (failure to follow local statutes that protect tenants).
Can you sue a tenant for the remaining rent due on the lease after an eviction judgment has been issued by the court?
Absolutely! Most of the time when you evict a tenant you want to supplement the eviction by a judgment for damages to include, but not limited to, past due rent. A judgment for both eviction and the damages will then be posted on the official records of the clerk's office.
How can an eviction judgment on your tenant record be fixed?
If the judgment was reported to the credit bureaus, the tenant needs to pay it, get the judgment amended to zero by the court, and send that to the credit bureaus. However, the fact that there was a case can never be erased.
How do you report an eviction to the credit bureaus?
No need to do any reporting. When the eviction judgment was entered, the credit bureaus update their files and will put this on the defendant tenant's credit file.
If a tenant pays some of the judgment against him during the eviction process can he stay in dwelling?
Most courts can only allow a tenant to stay if the tenant has the entire arrearage. Some courts won't even do that.
How much it will cost you to evict a tenant?
There are many factors to consider when calculating the cost of evicting a tenant. In landlord utopia (that is, where you have a tenant who works for the government and drives a Bentley with Gucci seats) the cost of the eviction is technically nothing--you would be awarded a judgment against the tenant for all your costs (if you win your case). The tenant would then have to pay you. Absent a utopian tenant, you will end up with a judgment that can't be collected for years (if ever).These are the costs of eviction* Preparation of eviction summons and complaint*Cost to attend court hearings or cost to hire attorney to represent you in court*Eviction lawsuit filing fee*Trial preparation (if the eviction is contested)*Sheriff's Fee (to evict the tenant)*Lost rent (while the eviction is pending)*Moving and Storage Fees (if the tenant does not object, you must store the tenant's property according to law)I have not put dollar amounts in because they vary from state to state. A landlord's group in your area can give you the specific dollar amounts for eviction in your state. Please see the Related Questions below for more information.
What happens to personal property of an evicted tenant in New Jersey?
A tenant is "evicted" when the court issues a judgment for possession to the landlord. That judgment gives the tenant a date by which the move has to be made. If the tenant holds over in possession of the apartment despite the judgment of possession, the landlord gets a "warrant for removal", which is sent to a court constable. If the tenant has not vacated the premises, the warrant for removal permits the court officer to physically remove the tenant's belongings out of the apartment and leave them at the curb. It is extremely rare that such a thing ever happens though, because in virtually every eviction matter, the tenant moves out before the physical eviction has to take place.
If I move out before court will the eviction still go on my record?
Once an eviction proceeding has been initiated (the case has been filed by the clerk), it becomes a matter of public record. So even if you leave the premises before the eviction concludes or the writ is served, it can still be found.
Can a commercial landlord in Louisiana seize the equipment and inventory of a retail store when an eviction notice is served if the tenant can't make a lease payment?
If the tenant did not vacate (self and property) within 24 hours of notice of judgment of eviction, then the property left behind can be seized. You can delay and fight eviction though, and the process itself takes some time. They have to give you a notice to vacate, and then an Rule for Possession, and then there is a court date, and then you can appeal, and if all that fails you have 24 hours to get out after the judgment.
Will eviction go on tenants credit if tenant moves out on the day eviction is filed?
Yes.
Can you get an eviction notice for your wife?
Any tenant can be served an eviction notice. An eviction notice starts the court process to remove an occupant from the premises. In addition to the court process, a landlord may report the tenant to NoPayTenants.com.
How much teeth does a condo dog policy have?
Usually an owner -- including tenant if there is one -- can be fined for violating a dog policy. The association may require eviction of the animal, and if a tenant, potentially eviction of the tenant as well.
Can you fight a 3 day eviction notice?
In most states, a tenant can fight a 3 day eviction notice. The tenant will need to go to court and speak with the judge.
