Appealing an Unlawful Detainer Judgment
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Can an Unlawful Detainer Judgment Be Appealed?
Yes. An unlawful detainer judgment can be appealed by either party. While the exact time will vary by state, a party generally has 5 to 10 days to appeal after the judgment is issued. Additionally, as a general rule, an appeal bond or cash bond must also be posted with the court within the 5 to 10 day time limit.
If the party appealing is unable to pay the costs of the appeal or to file a bond, the party is still entitled to appeal by filing an affidavit stating the party’s inability to pay costs or file a bond.
If I Appeal an Eviction Can I Stay on the Premises?
It depends. Some jurisdictions permit a tenant to stay in possession upon filing the appeal. Other jurisdictions allow a tenant to stay in possession only if the eviction proceeding was for the nonpayment of rent and the tenant is appealing by way of an affidavit showing the tenant’s inability to pay costs or to file a bond. The tenant must pay the court rent upfront each month rent is due during the appeal process.
On the other hand, some jurisdictions do not permit the tenant to stay in possession of the premises just because an appeal has been filed. In such jurisdictions, a stay of execution may be filed with the court, which will provide the tenant with more time to move out due to hardship. It is common for rent to be paid to the court upfront for any extra time granted as a result of the stay of execution.
Do I Need a Lawyer to Appeal an Unlawful Detainer Judgment?
Landlord tenant law is very complex, varies by city, and is constantly undergoing changes. A real estate lawyer can help you understand the unlawful detainer laws in your area. A landlord-tenant lawyer also can represent you in court and protect your rights, whether you are a landlord or a tenant.
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Last Modified: 09-05-2014 12:45 PM PDT
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