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I got eviction judgment on 09/14/17 and order to vacate

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09/21/17. We filed a notice...
I got eviction judgment on 09/14/17 and order to vacate 09/21/17. We filed a notice of appeal 09/14/17 the reason not at court was required medical appointment documented. The judge approved waiver fees to move forward with the appellate court appeal. The plaintiff requested the writ on 09/22/17. The written issue shows on the court record issue 9/25/17. We filed a motion last week to stay pending the appeal. My landlord is harassing and retaliating. We showed the court supporting documentation. We signed a two-year lease instead of one year. The attorney for the plaintiff lied in his objection my husband will be available to be at court. We have five boys, and our families weren't available to watch our children. The court of appeal accepted our filing today. We made a motion to
Submitted: 10 months ago.Category: Legal
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9/25/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 10 months ago
I don't mind increasing the cost for advise. I would prefer to chat about and you can ask me questions. I live in the state of Minnesota. I can give you a file or whatever documents you need.
Lawyer: Legal Eagle, Lawyer replied 10 months ago

Ok great, one moment while I review your situation...

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Lawyer: Legal Eagle, Lawyer replied 10 months ago

Okay thank you, ***** ***** a chance to review your situation, but I'm a little unsure of what specific question you had about this

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Customer reply replied 10 months ago
we are trying to stay pending the appeal. it shows a written of premise, I don't show the judge ruling on the motion to stay pending the appeal or motion to vacate judgement. I am trying to figure out what I can do to prevent the execution.
Lawyer: Legal Eagle, Lawyer replied 10 months ago

Okay, thank you very much for clarifying. so, one of the things that you will want to do is make sure that you have a copy of the file to peel on hand. If you haven't served the appeal on the landlord yet, please be sure to do so right away. This means that if the sheriff happens to show up to your apartment, then you can explain to the sheriff that there is an appeal pending and that because of that you shouldn't have to go anywhere just yet until the appeal is approved or denied. Have you had a chance yet to serve this document on the other party?

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Customer reply replied 10 months ago
We are renting a townhome that is being paid by HUD. We just got the accepted filing notification today. I will print that documentation to give to a sheriff. The judge gave us a week. Technically they can hold stay for ten days? Should I file a motion with the appellate court to stay? My landlord is doing this because of retaliation. We have mold growing in the basement, she tried to get our rent increase, she wanted side payments for HOA, she comes to our home 5 times in one day, she had yelling tantrums in front of my kids, etc. She used my name to try to cut off my utility and I have missing mail, it is bad. vacate the judgment. We need legal advice on how to move forward.
Customer reply replied 10 months ago
we did serve the attorney online through the court system
Lawyer: Legal Eagle, Lawyer replied 10 months ago

I can understand what you mean. I would hate to be in your situation. It seems as if the landlord may be violating the implied Covenant quiet enjoyment as well. If you have already served the attorney and you've already filed the document, then I think that the other parties attorney will probably suggest that they try not to execute anything right now. The system did not tell me, could you tell me what state you live in?

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Customer reply replied 10 months ago
Minnesota
Customer reply replied 10 months ago
plaintiff attorney requested for the writ on Friday and the judge issue it on Monday. What if the attorney try to get the writ exec with a pending appeal? I just want to know my rights and how to defend us being here until the appeal is approve or deny.
Lawyer: Legal Eagle, Lawyer replied 10 months ago

Ok, under 504b.371(4), if you file an appeal, then there is a stay of eviction pending the appeal. If the writ is issued before the appeal, subdivision 5 says basically that you can appeal to have a stay. The court has to issue an order and it will give it to an officer who, under subsection 5(c), must not execute the eviction. Thus, it appears as if you have to specifically request that this is the case, but the problem is whether the judge would grant it today considering the writ has already been issued.

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Customer reply replied 10 months ago
I did the notice of appeal to the district court on 09/14/17, it was accepted by the court and the fees were waived, the court of appeals accepted the filing today, after the writ was issue. Accepted Filing Notification for Case:(Benjamin Leiran, Tara Leiran vs Weston Lanners, Cassandra Lanners), Filing Code:(Notice of Appeal), Filing Type:(EFileAndServe)Court of Appeals - Civil/Unlawful Detainer/Eviction Case No. A17-1484: Notice
Lawyer: Legal Eagle, Lawyer replied 10 months ago

Ok. If that is the case, then you will need to hope that the order is provided to the Sheriff before they decide to execute the writ. Even if they did, you should provide them with a copy of what you filed so that way they can avoid executing it and it'll provide time for you to stay until your appeal is decided upon.

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