Decoding the Pauper’s Affidavit: What Landlords Need to Know

Welcome to TPS’s educational resource on understanding the Pauper’s Affidavit in eviction appeals.

This mechanism, officially known as the Affidavit of Inability to Afford Costs, is commonly utilized by tenants during eviction appeals, yet many landlords are unfamiliar with its implications.

What is a Pauper’s Affidavit?

A Pauper’s Affidavit is a legal statement used by a tenant to claim inability to pay the costs associated with filing an eviction appeal. It allows tenants who claim financial insolvency to bypass certain fees that would otherwise be a barrier to appealing an eviction.

The Impact on Landlords:

1. Misconceptions about Qualification:

Many landlords are skeptical about the legitimacy of a tenant’s claim of poverty, especially if the tenant is employed or does not visibly qualify for government assistance. However, the determination of ‘pauper’ status is based on the tenant’s current financial state, not just visible indicators of wealth or employment.

2. What Landlords Often Overlook:

While filing a Pauper’s Affidavit exempts the tenant from some fees, it does not eliminate their obligations. Tenants must deposit one month’s rent into the court’s registry within a week of filing the affidavit. Subsequent rent must also be deposited monthly during the appeal process.

3. A Crucial Opportunity for Landlords:

Should a tenant fail to make these required rent payments to the court, landlords may be entitled to a writ for immediate possession of the property, expediting the eviction process despite the appeal.

How Should Landlords Respond?

• Understand the Process: Familiarize yourself with the local laws governing Pauper’s Affidavits and eviction appeals. Knowledge of these procedures can help you navigate the appeal more effectively.
• Monitor Compliance: Keep a close watch on the tenant’s compliance with court-ordered rent payments. Non-compliance can provide a quick resolution in your favor.
• Consult Legal Experts: Consider consulting with a legal advisor who specializes in landlord-tenant law to understand the full scope of your rights and responsibilities.

Conclusion: Preparedness is Key

Understanding the Pauper’s Affidavit and its implications can help landlords manage eviction appeals more effectively. By staying informed and prepared, landlords can protect their properties and ensure that the eviction process is carried out fairly and swiftly.