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While many landlords have been in court once or twice to go through the eviction process, most have never been through the appeals process. Once a landlord-tenant case is decided it may be appealed to try to overturn the decision. While each municipality has its own (very specific) set of rules and procedures regarding appeals, here is a basic overview of the appellate process.
Who can file an appeal?
Both landlords and tenants can appeal a decision by filing for an appeal within the time period designated by that state or municipality. Each court has different filing deadlines so it is essential to review the rules for the court that heard the case and adhere to those guidelines. However, it generally involves filing a form for appeal and paying a filing fee which is set by each individual court.
Do you need representation?
Neither landlords nor tenants are required to hire an attorney to represent them for a landlord-tenant court appeal. When one is representing themselves, this is referred to as “pro se”. It is important to understand that when appealing a case, you cannot be represented by someone other than yourself, unless it is by an attorney. Usually, local and state court jurisdictions do not permit representation of a non-attorney on behalf of the appellant (plaintiff) or the respondent (defendant). That said, depending on the jurisdiction and the rules set by that specific court, appellants may be limited to only raising legal issues from the original case and may not be allowed to address issues of fact or new issues not raised in the original case. Further, depending on the court and the circumstances surrounding the appeal, the appeal may be heard by a special review board or a new judge may rehear the case altogether. To maximize their chances of success, a landlord may want to consult an attorney or hire an attorney to represent them. If deciding to consult an attorney, landlords should look for an attorney that has experience with landlord-tenant appeals specifically and aim to find an attorney that has experience in the court jurisdiction where the appeal will be held. There are several resources available to assist landlords find an attorney if they decide to do so, including a landlord-tenant attorney directory on this website.
What costs are usually involved?
Legal fees vary by state and sometimes county/jurisdiction, and even district to district. When choosing to be represented by an attorney, make sure that all cost are clear and concise ahead of time to prevent any surprises. Attorney’s may charge flat fees, or by the hour and may require a large amount upfront to hold and use towards fees and court costs. Each court has their own set of fees and it is important to check with the local courthouse for the precise costs associated with eviction appeals. An appeal bond is required in some states, such as Tennessee. These bonds are set up to be sure that the court costs related to the appeal will be paid by the appellant; no matter how that case is decided. Often, this can be done through the purchasing of a surety bond or a cash bond. It is important to check with the appellate court to get specific information on appeal bond requirements. Understanding the costs associated with an appeal may be helpful in determining if it is wise to file the appeal. Sometimes, the cost may outweigh the benefit.
Does the tenant remain in possession of the property during an eviction appeal process?
In most U.S. states and local municipalities, yes. Generally tenants are required by law to pay rent during the appeals process; however, how rent is paid varies by jurisdiction. In some states, tenants must pay rent directly to the court by sending payments to the County Clerk’s Office. In others, tenants may be required to pay rent through the use of an escrow agent or directly to the landlord. Because the rules vary so widely, it is imperative that landlords and property managers be aware of the rules in the jurisdiction where the proceeding is taking place.
While the nitty-gritty details of the appeals process is determined by the court that will hear the appeal, and appellants must adhere to the court’s requirements, the appeals process is another opportunity to be heard and should be taken advantage of if possible.
