Can a landlord appeal to the Divisional Court?
Exasperation and frustration barely describes the feeling that many landlord’s have when a tenant exercises his or her right to file an appeal to the Divisional Court. The appeal process causes an incredible delay and takes the efficiency of the Landlord and Tenant Board and dispenses with it entirely.
When does a tenant file a notice of Appeal?
The notice of appeal form notifies the landlord that he has 20 days from the date of service of the appeal to file a complaint, and that the failure to do so could result in judgment against the landlord. After the landlord files a complaint, the tenant must file a responsive pleading, usually in the form of an answer.
Can a landlord evict a tenant while appeal is pending?
If the tenant continues to make the monthly payment into court, the supersedeas stays in place and the landlord will not be able to evict the tenant until the outcome of the appeal. However, the landlord may file a motion to have the payments made into court released to him while the appeal is pending.
Can a landlord appeal a judgment for possession?
Where the supersedeas was initially obtained by the tenant, but the tenant subsequently fails to make a required monthly rent payment into court, the landlord can file to terminate the supersedeas and return to the Magisterial District Court to enforce the Judgment for Possession.
Can a landlord get rent after an appeal?
In order to obtain rent after a tenant files an appeal, a landlord must file an application with the court so the sums posted by the tenant can be released from escrow. Rule 1008 (C) (7). Have Tenant Problems?
Where the supersedeas was initially obtained by the tenant, but the tenant subsequently fails to make a required monthly rent payment into court, the landlord can file to terminate the supersedeas and return to the Magisterial District Court to enforce the Judgment for Possession.
Can a tenant appeal a judge’s eviction decision?
Although the tenant has failed to pay rent, the tenant can exercise their right to appeal the judge’s decision. Some tenants can be very good at “gaming the system” or taking advantage of their right to due process of law.
The notice of appeal form notifies the landlord that he has 20 days from the date of service of the appeal to file a complaint, and that the failure to do so could result in judgment against the landlord. After the landlord files a complaint, the tenant must file a responsive pleading, usually in the form of an answer.