All Forum Posts by: Bill Springer

Hi Chris. They were evicted. Sewer issue was in early July. I got a judgement to evict and arrears in early August. They were put out by the constable late August. They would not allow the insurance contracted restoration company to do the cleanup from early July until early August. 

I did not put down the new carpet and flooring until after they were out. They are now appealing the eviction and their main argument is that I didn’t provide a habitable property! 

So I had a sewer backup in a rental house. One floor/no basement.  On a slab.  Master BR carpet was affected along with a small portion of vinyl plank flooring (half the kitchen and a small area of the dining room).  Standard ops but unfortunate.  Tenants contacted me albeit not immediately. I arranged a plumber and the sewer line was cleared.  

Here’s where it gets wonky. Although I was able to rectify the sewer issue the tenant would not allow the restoration company to come in and remove contaminated material, sanitize, and dry the place out.  They withheld rent stating they would not pay until they knew the house was safe. I informed them that the restoration co. had advised that it was recommended they leave the house for a few days while they basically cleaned up and dried out. They did not have to but it was recommended.  We offered to prorate the rent and also offered to allow them to break the lease with no penalty if they felt they wanted to.  They refused both offers and continued to refuse access for the restoration to come do the clean up.  They continued to withhold rent as well.

Once it was clear they would not cooperate in getting the place cleaned up I headed to the courthouse and filed.  Fast forward one month due to some delays and I received judgement for possession as well as a money judgement for the unpaid rent. I believe their lawyer has advised them that it wasn’t a good look and they allowed access for restoration the day after the hearing but before the judgement was decided. 

Sorry for the saga above but here’s my question.  Once this one BR carpet was removed along with a small amount of vinyl plank and the fans were left for 3 days to make sure all was dried out I had about 3 weeks before I was to get possession.  I decided not to replace the carpet and vinyl plank (insurance was allowing to replace all plank throughout the house as it was continuous).  Again house is on a slab so was smooth concrete where affected flooring was removed.  I did not want to put all new flooring down just to have them damage it on the way out wether by moving belongings or for spite.

I don’t believe this falls under implied habitability standards.  Was this the right move? 

Happy Labor Day! 

My tenant has appealed the money judgement in my recent eviction saga. They did not appeal possession. I took possession on Aug 28th.  

They filed the appeal on Aug 25th. I saw this online as I have been monitoring the county court web viewer. 

I was served today - Sep 3 - by the tenant herself when she completed removing their possessions that they had left in the house.

I went online and saw that a proof of service was filed with the court on Aug 31st and the tenant signed that she had personally served me and she did so on the day I took possession on 28 Aug! 

I was not served on Aug 28th. I was Served today Sep 3. From what I understand she cannot serve me directly as she is the party to the appeal.

in summary she straight up provided false info to the court and then served me herself when I believe she could not. Certified mail would have worked fine but she chose the personal service route. 

The one thing bothering me is that the court accepted this proof of service despite she having signed that she carried out the service. I assume if she asked if it was ok they may have said that they can’t provide legal advice. They filed without having their own attorney. 

I am hoping that the appeal gets tossed due on improper service and that there is some way that the tenant lies will be properly handled. 

Thank you to all who have replied. Much appreciated. 

So the tenant did drive up to the county courthouse on the last day of the 10 day appeal window. I believe he found out that he had to pay the county while the appeal would play out and he backed out.  What he did was send me a picture of the courthouse and texted that he had a change of heart and that it was “not right” to appeal. Why he didn’t have this change of heart during the 50 min drive up to the courthouse is funny. I know he had full intentions of appealing but decided against when faced with having to actually pay someone for the first time in months. 

Fast fwd to this past Monday and I was able to take possession of the property with the assistance of a couple constables. Today I found out that he appealed the money judgement.  He filed the appeal 3 days before possession on Monday. So he is out yet I am waiting to be served for this appeal.  Spoke to a lawyer and he suggested that we do not file a response and be done with it.  I tend to agree as I never thought I would see any of the money judgement anyway. A small consultation fee is better than a large retainer and a prolonged situation which would see arbitration and possibly an appearance in front on a judge. 

Just an update on my situation. Today is the last day of the appeal window. Tenant indicates he is going to file the appeal. So if he follows thru I will in fact be faced with the situation I initially posted about. 

Appeals can take 6 months to even be heard

The lease runs out in 2.5 months. I strongly believe he will stay past the lease end. At that time I would have to file for another eviction based on not vacating at the end of the lease. 

He could then appeal that 2nd eviction 

The positive thing is that he will have to continue to pay rent to the County every 30 days while the appeal is pending. 

The negative is I needed him gone yesterday and it looks like he will stay for months and months! 

Hi Mike . The eviction process is fairly efficient here in Bucks. And it was in my case.  It’s the tenant appeal of the eviction judgement that takes so long. 

Thanks for the tip Gersh. I have an attorney lined up. I can pull the trigger if the tenant does follow thru with his appeal. The tenant is already 2 so in arrears and I am hoping the prospect of paying 2 months rent in the first 30 days to the county just to appeal his eviction may make him change his mind! 

Thanks for the tip Gersh. I have an attorney lined up. I can pull the trigger if the tenant does follow thru with his appeal. The tenant is already 2 so in arrears and I am hoping the prospect of paying 2 months rent in the first 30 days to the county just to appeal his eviction may make him change his mind!