Non-paying Tenant Evicted Despite Appeal – Due to Procedural Missteps

Both the number and significance of cases involving disputes between landlords and tenants continue to rise.  Ohio’s Twelfth District Court of Appeals just decided a case in which a tenant was evicted for failure to pay rent, and the advantages one party had over the other proved costly for the losing party.  Landings at Beckett Ridge v. Holmes, 2020-Ohio-6900.

The landlord obtained an order from the Trial Court evicting the non-paying tenant.  The tenant appealed from that decision, which normally would have allowed the tenant more time to occupy the premises until the appeal (and all of the litigation) was completed.  However, that tenant did not file a Motion to Stay the underlying Trial Court Judgment.  As a result, the Court of Appeals dismissed the appeal, the tenant was evicted, and the tenant no longer had any rights in the premises.

To review the Holmes case, click here.