How to Appeal a Lost Eviction Case
- 1). Determine how long you have to file the appeal. Unlike other appeals where the aggrieved party has up to a month to file the appeal, in an eviction case the losing party generally has less than a week. You can usually find the appeal time frame on the court's website, in the state statutes or by asking the court staff at the court. Remember that the court staff cannot give you legal advice but they should be able to tell you how long you have to appeal.
- 2). Clarify to what court you must appeal. Each state has a slightly different court system as well as different names for the courts. Again, the court staff should be able to answer that question. If they are unable or unwilling to provide you with the information, you can find the website for the highest court in your state which will generally explain the court system.
- 3). Complete a notice of appeal. Forms may be available from the initial hearing court. If not, caption the document the same way as the complaint with the name of the parties, the name of the court and the case number. Title the document "Notice to Appeal." In the body of the motion include a statement that you wish to appeal the judgment from the court where it was rendered.
- 4). File the motion in the court where the case was originally heard. You will be required to pay a filing fee unless you qualify to file in forma pauperis (as a poor person). You may also be required to pay an appeals bond and/or pay the amount owed to your landlord pursuant to the judgment rendered in the trial court. You will also need to continue to pay your rent on time while the appeal is pending.
- 5). Serve a copy of the notice of appeal on your landlord.
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