An Owner`s Possession Bond is served after the tenant as answered the complaint. If you have received this, your available options are:
- If, within three days of the service of the notice, all accrued rent and costs are paid, then the renter may have the complaint dismissed. This applies only if the eviction action is based solely upon nonpayment of rent or utilities.
- The tenant may remain in possession of the premises if the tenant files with the court a Counter Bond within three days of being served with the notice of owner`s possession bond. The tenant`s counter bond is approved and filed in the same manner that the landlord obtained its possession bond.
- The tenant, upon written demand, shall be granted a hearing to be held prior to the expiration of three days from the date served with the notice of owner`s possession bond. The purpose of this hearing is for the court to determine if the tenant should remain at the property pending the resolution of further issues of the case.
- If the tenant demands and receives a hearing and the judge finds that all issues between the landlord and tenant can be resolved without further court proceedings, a judgment is entered at that time. If at the hearing the judge allows the tenant to remain in possession of the property until further issues are resolved at a later date, the judge must require the tenant to post a bond in the same manner as the tenant`s counter bond.
- If the tenant elects to not comply with any of the three remedies, the landlord may request of the court an Order of Restitution. The order is issued to the sheriff or constable to forcefully evict the tenant. This Order of Restitution is issued and served prior to the entry of a judgment.
The time prescribed for either party to appeal a judgment in an eviction case is ten days, with the exception of a nuisance case which is three days.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified landlord tenant lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local landlord tenant attorney to discuss your specific legal situation.