How do I File an Eviction Appeal?

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  • Written By: N. Madison
  • Edited By: Jenn Walker
  • Last Modified Date: 27 May 2020
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The procedure for filing an eviction appeal typically varies from jurisdiction to jurisdiction. It usually, however, involves learning whether you have grounds for appealing an eviction verdict and then filing an eviction appeal with the appropriate court. In many places, this means visiting the courthouse at which your eviction case was decided to get the forms you will need, and then filing the eviction appeal forms with the appeals court clerk. You will typically have to pay a fee to file an appeal and serve the opposing party, or his attorney, with notice of your appeal as well.

Many jurisdictions allow parties to eviction cases to appeal a judge’s decision. It is important to note, however, that most jurisdictions have rules that govern when a party to a case can file an eviction appeal. For example, your jurisdiction may allow you to appeal a verdict because you feel that the judge was unfair or did not follow the law. If you just want a second opinion on the verdict, however, or a chance to try again, you are unlikely to be granted an appeal. Since different jurisdictions may have varying laws when it comes to eviction appeals, you may do well to check with the court clerk, speak with a lawyer, or visit a jurisdiction-specific eviction website to learn whether or not you have grounds for appealing the case.

Once you have determined that you do have grounds for moving forward with your appeals case, you can obtain a notice of appeal form and complete it. In many cases, you can ask for this form at the courthouse in which your eviction case was heard. Some jurisdictions may require you to visit a different location for this form, however. The clerk of your local courthouse should be able to point you in the right direction.

In most jurisdictions, you will have a set period of time in which to appeal an eviction case. For example, many jurisdictions require you to appeal your case within 10 days of learning the judge's decision. If you appeal after the designated time frame, your case will most likely be dismissed and the original judge’s decision will stand.

After you have filed a notice of appeal with the appropriate court clerk, you are usually required to provide the other party in your case with a copy of the notice. In some jurisdictions, you may have to arrange for this notice to be personally delivered to the other party, and you may have to provide the court with proof of service. For example, you may have to pay to have a document server deliver your notice. Some jurisdictions may also allow you to serve the opposing party through the mail, as long as you can provide a delivery confirmation as proof of service.

When your appeal is accepted, the appeals court will usually schedule a hearing. This will be your opportunity to prove your case. The opposing party may present evidence as well.

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Post 2

@Vincenzo -- I think the appeals process would deal mostly with questions over damages -- money owed to the landlord. If a tenant has a major dispute with that, then an appeal is more likely. The appeal isn't over the underlying eviction, then -- just the damages.

By the way, a lot of evictions are heard in minor courts (municipal or district courts) and can be appealed directly to circuit court. That is handy because an appeal doesn't involve petitioning the state court of appeals and the process is, therefore, less expensive and a lot faster.

Post 1

How is an eviction appeal any different from a plain old appeal? I honestly can't understand how they would be any different from a regular appeal, so the same rules should apply.

The only real different I can see is that eviction cases are pretty cut and dried. The tenant either violated his or her lease or didn't. Usually, landlords evict tenant for failure to pay rent. Hard to defend that.

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