Is the tenant required to pay monthly rent while waiting for eviction appeal trial?
I have a hearing to evict a tenant on 06/02. If we win and they appeal, and the appeal takes months, are they expected to pay monthly rent while waiting for the appeal trial?
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During the appeal process—no matter how long it takes—the tenant is required to pay rent to the court, which will hold the funds in trust until the appeal concludes. This is a mandatory requirement for the appeal to remain valid.
If the tenant fails to make these payments to the court as ordered, the appeal will be dismissed, and the eviction order will go back into effect.
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I have a hearing to evict a tenant on 06/02. If we win and they appeal, and the appeal takes months, are they expected to pay monthly rent while waiting for the appeal trial?
Lexi, Chatbot
I understand the situation can be stressful. Has the tenant been paying rent regularly up to this point?
No, the eviction is for non-payment of rent since mid-April.
Lexi, Chatbot
Have there been any previous issues or disputes regarding rent payments or lease terms with this tenant?
They are consistently late on rent since they moved in.
Lexi, Chatbot
Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they'll be able to help with your eviction process.
No.
Benjamin
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.
Benjamin
During the appeal process—no matter how long it takes—the tenant is required to pay rent to the court, which will hold the funds in trust until the appeal concludes. This is a mandatory requirement for the appeal to remain valid.
If the tenant fails to make these payments to the court as ordered, the appeal will be dismissed, and the eviction order will go back into effect.
If there are other grounds for eviction, does it make sense to file a second case on those grounds? Or would all of it be pending the first case either way?
Benjamin
If you have a new reason for wanting to evict the tenant (for example, a material breach of the lease, damage to the property, or other violations beyond non-payment of rent), then yes, you can file a new eviction case even while the appeal of the first case is pending.
The new case will proceed independently of the first and will not automatically be put on hold because of the appeal.
Thank you.
Benjamin
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