Eviction Appeals: How To Challenge an Eviction Notice

When your landlord goes through the eviction process, you should get the chance to have your day in court. Unfortunately, the eviction trial court judge can rule against you without you even being there. The judge may also ignore your case and side with the landlord. However, the eviction order doesn’t have to be the end of your case.

You can appeal an eviction hearing decision in court. But you only have a limited amount of time to file an appeal. The appeals court process can depend on where you live. For legal advice about your eviction appeals case, talk to a local eviction attorney.

When Can You Challenge an Eviction Judgment?

Eviction requires going through the court system. Your landlord files an eviction and unlawful detainer lawsuit with the court. The court serves you a summons with information about the case. You should get a notice of the court date and the location of the eviction hearing. You have a limited time to file an answer to the complaint.

The court can rule in an eviction in a couple of ways. If you don’t go to your court hearing or don’t file an answer, the court can rule against you because you didn’t respond. This is a default judgment.

If you do show up to court, the eviction court judge will hear from both sides. You can present your case, including any evidence supporting your position. The landlord will present their case. The judge will make a decision to rule in favor of you or the landlord.

If the judge rules in favor of the landlord, the court will enter a writ of possession and a money judgment court order for payment of rent and court costs. After the sheriff serves a copy on you, you only have a limited amount of time to move out. This is when you can file an appeal.

How Long Do You Have to File an Eviction Appeal?

You have a limited amount of time to file an appeal. The appeal time limit depends on the state. For example, the deadline to file an appeal in California is within 30 days. In Texas, all parties only have five days from the judgment to file an appeal. Talk to a local eviction lawyer about the eviction appeals process.

How Much Does It Cost to File an Appeal?

An appeal is not just a way to delay an eviction from your rental unit. Many courts require you to put up money to file an appeal. This is perfecting the appeal. Generally, you have one of three options to file an eviction appeal:

• Put up an appeal bond in the amount of the judgment, including unpaid rent and costs
• Cash deposit for the bond amount, including unpaid monthly rent and court costs
• Fee waiver if you can’t afford the costs of filing an appeal

These deposits or bonds are in addition to the court of appeals filing fees.

How Do You Prove the Trial Court Made a Mistake?

The appeals process can depend on your state and the court review process. There are limited grounds for filing an appeal. An appellate court can review the trial court’s decision for things like procedural errors or abuse of discretion. For example, if the landlord didn’t properly serve notice of the lawsuit, the appeals court could reverse the decision based on that error.

Some courts will review the case de novo. De novo means the appeals court can review the case anew. In this type of case, you can present all the evidence you used in the first trial and new evidence. Evidence to support your case can include:

• Lease agreements
• Bank account records
• Eviction notices
• Messages from your landlord
• Photographs of the rental property
• Statements from other tenants
• Rental assistance application

How Will the Appeals Court Rule on the Eviction?

The appeals court will rule on the appellate case. The appeals court can rule in favor of the tenant, the landlord, or send the case back to the trial court.

Even while the appeals case is going on, you may have an incentive to settle the case with the landlord. You can come to a settlement agreement with the landlord to reduce the unpaid rent or allow you more time to find a new place. Talk to your eviction lawyer about negotiating a settlement to avoid costly appeals.

Do You Need a Lawyer for an Eviction Appeal?

An appeal can be more difficult to win than the original eviction case in the county court. The appeals court also has different court rules. Even if you didn’t have a lawyer for the first eviction case, you should consider legal representation for the appeals court.

You can get legal help from a local legal aid organization. Some housing rights advocate groups offer low-cost or no-cost legal services for landlord-tenant disputes. You can also contact your local bar association for referrals. Taking on the property owners and landlords can be challenging. However, you need to stand up for your rights when the landlord tries to take advantage of you. For more information about appealing an eviction notice in court, set up a consultation with a local eviction lawyer.