[MD] I am evicting my tenant for non-payment of rent. If we are successful in court, what options does the tenant have to appeal?
I am evicting my tenant for non-payment of rent. If we are successful in court, what options does the tenant have to appeal?
13
3
Solved
Here’s what you need to know:
1. Timeframe for Filing an Appeal:
The appeal must be filed with the District Court within 6 days of the judge’s order or within 30 days if a writ has not been issued.
2. Tenant’s Financial Obligations:
The tenant must pay any unpaid rent to either the landlord or the court during the appeal.
(See Maine statute: Title 14, § 6008).
3. Transfer of Case:
Once appealed, the case is transferred to the Superior Court for a new trial. The tenant may even request a jury trial if there are factual disputes.
4. Filing Fees and Duration:
There is only a minimal filing fee for the tenant. However, the key concern for you as the landlord is the stay of execution that accompanies an appeal. This stay halts enforcement of the writ of possession, preventing eviction until the appeal is resolved.
The appeal process can take weeks to several months to be heard in Superior Court. During that time, the tenant must continue paying rent—typically held in trust by the court—until the case is decided.
0
Maine 7-Day Notice to Quit (Non-Payment of Rent)
Create Document
Full Conversation
I am evicting my tenant for non-payment of rent. If we are successful in court, what options does the tenant have to appeal?
Lexi, Chatbot
I understand the situation can be challenging. Has the eviction process already gone through court and been successful?
No, we have that hearing on Monday.
Lexi, Chatbot
Have there been any specific issues or disputes during the tenancy that might affect the appeal process?
Nothing that has been brought up to us.
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.
Lexi, Chatbot
Which state are you in? This information is crucial as eviction laws and appeal processes can vary significantly from one state to another.
Maine.
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. Do you need further explanation of the appeal process outlined above?
I’m curious to know what the tenants would have to do for an appeal, how much they would have to pay, and what I can do to be prepared.
Yeah, I’m hoping to know what I should do to be prepared for the initial hearing to avoid an appeal, as well as how much they would need to pay. I was also wondering about the time frame on some of this—if they file an appeal, how long should we expect to wait until the next step?
Benjamin
Here’s what you need to know:
1. Timeframe for Filing an Appeal:
The appeal must be filed with the District Court within 6 days of the judge’s order or within 30 days if a writ has not been issued.
2. Tenant’s Financial Obligations:
The tenant must pay any unpaid rent to either the landlord or the court during the appeal.
(See Maine statute: Title 14, § 6008).
3. Transfer of Case:
Once appealed, the case is transferred to the Superior Court for a new trial. The tenant may even request a jury trial if there are factual disputes.
4. Filing Fees and Duration:
There is only a minimal filing fee for the tenant. However, the key concern for you as the landlord is the stay of execution that accompanies an appeal. This stay halts enforcement of the writ of possession, preventing eviction until the appeal is resolved.
The appeal process can take weeks to several months to be heard in Superior Court. During that time, the tenant must continue paying rent—typically held in trust by the court—until the case is decided.
Benjamin
Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. If you have a new question on a different topic, please submit it separately.
Thank you, and please use the service the next time you need legal advice. Have a wonderful day!
Benjamin
679 satisfied customers
5 lawyers online now
20
6
Answered 3 days ago
11
4
Answered 4 days ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
