[RPPTL LandTen] Residential evictions

[Pat at hoganlegalservices.com]

A county judge hearing residential landlord tenant cases under Chapter 83 has a habit of holding short 1-4 hr trials (eviction only or eviction and damages) concluded by issuing only a single Order Staying Final Judgment. Usually the Stay requires that a party must either move out (or move out and pay funds to the other party) before a time certain a few days later, but allowing the intended transferee to motion the Court for Final Judgment if the vacating party/payor does not comply in time. Note that this result is not a motion to determine rent outcome, but rather the result of an eviction trial. The Stay sometimes requires both parties to bear their own attorney fees.

The judge considers his/her self to have such discretion to issue the Stay, and considers the Stay to be a nonfinal order because of the uncertainty related to having to issue a subsequent final judgment. The majority of the time parties comply with Stay terms by moving/paying.

When an attorney is involved obviously fees become an issue, since the statute awards fees to prevailing party but the judge is not awarding them.

What arguments might best be used in support of judges use of a Stay Order (a method to avoid both atty fees and recorded eviction judgments)?

Conversely, what might be the best way to get fees? in an appeal to circuit (final or non-final order)?

Your thoughts are greatly appreciated.

Patrick Hogan
Pat at HoganLegalServices.com


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