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Ask Legalease Your Own Question
Legalease
Legalease, Attorney
Category: Landlord-Tenant
Satisfied Customers: 16344
Experience:  15 yrs residential & commercial leasing experience.
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I've received an eviction notice and we went to court and

Customer Question

Hello?
JA: Hi. What do you want help with?
Customer: Hello, my name is ***** *****. I've received an eviction notice and we went to court and the situation was so messy that the magistrate issued a writ of eviction without examining my evidence of account misappropriation of funds. I was told by the Magistrate to file a notice of appeal of eviction. After I post the amount of bond money, will this allow me the right to occupy my apartment until further notice?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Ohio, the manager has misappropriated a substantial amount of money on my account. I have proof. Instead of the judge examining either sides evidence, she issued the writ of eviction and told me to file a notice of appeal.
JA: Has anything been filed or reported?
Customer: Im slated to be out on Tuesday. I am going to the police dept. to file theft by deception charges today. Im posting the bond tomorrow and then the magistrate will sign it. Then what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Legalease replied 5 months ago.

Hello there --

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You have to ask the magistrate to issue a stay on the eviction order until after the hearing in front of the judge. There should not be any problems with getting such an order so long as you file the bond. However, if the next hearing results in an eviction order then it gets more difficult to appeal after that because you are looking at filing in an appeals court. So, once you file the bond you then simply wait for the next hearing and see what happens there. Unfortunately, it is very difficult to get the judges to look at anything from tenants other than safety or sanitary issues and your claim is "misappropriation of funds" -- was he taking the rent and not given you credit for it?

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