QUESTION
Does an appeal for an unlawful eviction stops the eviction process?
Asked on Jan 11th, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
Do I have to ask for a motion of stay under a hardship because I have to children in my home with disabilities?
5 ANSWERS
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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That will stop the eviction so long as you comply with the statutory requirements for appeal.
Answered on Jan 16th, 2013 at 6:58 PM
No, it won't. You would need to apply to the court for a stay order (which are almost impossible to get).
Answered on Jan 15th, 2013 at 12:43 PM
Michigan court rules provide that unless a stay is ordered by the trial court, an order of eviction must issue. The filing of a claim of appeal, however, together with a bond or escrow order of the court stays all proceedings, including an order of eviction issued but not executed.
Answered on Jan 15th, 2013 at 12:42 PM
Dennis P. Mikko
Upon filing the appeal, the landlord can ask that you post a bond. You should also ask the court to enter an order staying the eviction process pending the outcome of the appeal. If the court enteres a stay order, then you know for sure the eviction process is not going forward while the appeal is pending.
Answered on Jan 15th, 2013 at 12:42 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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If you appeal and pay the bond or file an affidavit of indigency then the eviction is automatically stayed until the matter is heard in District Court.
Answered on Jan 15th, 2013 at 12:41 PM