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lets take a landlord minute and talk about eviction appeal occasionally a tenant will file whats called an affidavit of inability to pay which allows the tenant to proceed with their eviction appeal without having to pay any of the filing fees normally associated with an eviction appeal however generally speaking the tenant is required to make payments of rent into the courts registry in order to remain on the premises during the appeal time the first payment is made to the justice court and subsequent payments are made into the registry of the county court where the appeal will be heard a landlord who is successful and gains a final judgment through the county court should also obtain an award for any amounts that the court is holding in the registry if a tenant does not make a payment required under this rule the landlord is entitled to set a motion and request a writ of possession