When a General District Court Judge grants immediate possession of a rental…

When a General District Court Judge grants immediate possession of a rental that is thirty days at a time and nothing in writing; can the renter file an appeal for ten days to come up with bond money? The renter did not appear in court, there has been extensive late pays of almost every month, money has not been received since December, 2009 and they place the elctric bill in their name against the owners wishes. The Judge would not grant any money for the agreement of snow removal, cutting and use of wood and possible theft thereof because nothing was in writing. Again, the rental agreement is verbal only for thirty days and has been in effect since June where they received two weeks free for cleaning. I took the immediate possession decision and his vacate of that family within seventy-two hours to the clerk’s office for the writ, paid, and she decided they would deliver that to the Nelson County Police Department instead of me. I did stop in there and told them of this. I then went back to the clerk’s office where the tenants were standing there and paying for an appeal?????? They police have been contacted regarding messages that have been left, someone coming to this door demanding money they owe and even stating that if I “do not get them off this property someone is going to get killed”. They have accused the owner of taking out some type of criminal something against myself, who he left in charge and I have and do take care of all of the owner’s business for the most part. I took that to the Magistrate also. Then in court I had to wait 15 minutes for them and we had court without them. I attempted to tell the Judge all of these situations and hoped at least one of the Officer’s had enlightened him in the interium.

Can they actually file an appeal with nothing in writing and the granting of an immediate possession?

One thought on “When a General District Court Judge grants immediate possession of a rental…

  1. As I’ve already opined, if the judge granted the tenant 10 days to perfect his appeal, your attempt to take immediate possession of the rental unit would be most ill-advised(in my opinion).

    Michael E. Hendrickson
    Attorney & Counsellor at Law
    211 North Union Street Suite 100
    Alexandria, 22314

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