Appealing an eviction
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The rule depends on your state and city. Pick your state to see the rule where you live.
Every place we cover
Alabama
If you lose in district court, you or your landlord can appeal to circuit court. You must file the appeal within 7 days after the judgment (the court's decision) is entered.
✓ Sources checked September 28, 2026
Alabama
Appealing an eviction judgment (the court's decision) does not stop you from being removed from your home. To stay in your home during the appeal, you must pay the circuit court clerk all the rent you owe so far. You must then keep paying your rent on time as it comes due until the appeal ends.
✓ Sources checked September 28, 2026
Albuquerque
If you lose your eviction case, you can appeal the judgment (the court's final decision). Your appeal pauses the writ of restitution (the court order telling the sheriff to give the home back to your landlord). The pause only starts if you pay within 5 days of filing your notice of appeal. You pay the rent due from the day after the judgment to the end of that rental period. You pay it to your landlord or into an account held by a professional escrow agent.
✓ Sources checked October 3, 2026
Albuquerque
While your eviction appeal goes on, you must keep paying the monthly rent your lease set when your landlord filed the eviction case. You pay it on the day rent would normally be due. If you get a rent subsidy, you pay no more than the rent you actually pay each month. If you pay your landlord directly, your landlord must give you a written receipt when you ask.
✓ Sources checked October 3, 2026
Albuquerque
If you miss a rent payment during your appeal, your landlord can serve a 3-day written notice. If you do not pay within those 3 days, the court sets a hearing within 10 days after it learns you did not pay. If it finds you did not pay, it must end the pause on your removal. It then issues the writ of restitution (the court order for the sheriff to return the home to your landlord). It will not do this if you show a legal reason for not paying.
✓ Sources checked October 3, 2026
Arizona
You or your landlord can ask a higher court to look at the case again. This is called an appeal. You have 5 calendar days after the judge's decision to start it. You start it by giving notice, the same way as in other civil cases.
✓ Sources checked October 4, 2026
Arizona
If you want to remain in your home while the appeal is decided, you must file a bond with the court. You must also keep paying your rent to the court by each due date during the appeal. If you miss a payment, your landlord can ask the court to let the eviction go forward before the appeal ends.
✓ Sources checked October 4, 2026
Colorado
If you disagree with the county court's decision, you can ask a higher court (the district court) to review it. This is called an appeal. Filing an appeal pauses (stays) the case once the appeal is perfected (completed the right way). For a case about unpaid rent, this means depositing the rent the judgment (the court's decision) says you owe. You deposit it with the court when you file. Once your appeal is perfected, your landlord cannot make you leave while the court reviews it.
✓ Sources checked October 4, 2026
Colorado
If your case was about unpaid rent and you want to appeal, you must pay the court the rent amount owed. This amount comes from the judgment (the court's decision). You must pay it when you file the appeal. If you do not pay, the appeal does not count. While the appeal continues, keep paying rent to the court as it comes due. If you miss a payment, the court must uphold the eviction against you once your landlord asks the court to do this.
✓ Sources checked October 4, 2026
Delaware
A party who loses a trial without a jury can ask in writing for a new trial. The request must come within 5 days after the judgment (the court's final decision). Three justices of the peace hear it. Asking does not stop the judgment. To stop it, the party must file a promise to pay costs and rent that build up during the appeal. The court may also require a bond or other assurance.
✓ Sources checked October 4, 2026
Georgia
A Georgia tenant can appeal within 7 days from the date the judgment (the court's final decision in your case) was entered. To file an appeal, the tenant must pay court costs or get a court order that costs are not owed. A tenant who cannot afford costs can file a “pauper’s affidavit” (a sworn paper saying so).
✓ Sources checked October 4, 2026
Georgia
In Georgia, an appeal stops a writ of possession (the order to move out) from being carried out. To keep living in the unit during the appeal, the tenant must pay the court all rent and fees due under the judge's order. A tenant who cannot pay can still appeal but must leave the unit.
✓ Sources checked October 4, 2026
Indiana
If you are not satisfied with a small claims court's decision, you can appeal to the Indiana Court of Appeals. You must take certain action within 30 days of the small claims judgment (the court's decision).
✓ Sources checked October 4, 2026
Kentucky
If you think the judge decided your case wrong, you can appeal to a higher court, where a different judge reviews it. You must file your appeal within 7 days of the hearing. You also have to pay a filing fee. You must pay the rent you owe, plus any rent that comes due while your appeal is going on.
✓ Sources checked October 4, 2026
Louisiana
You may appeal a judgment (the court's final decision in your case) that orders you to move out. On its own, an appeal does not stop your landlord from removing you while the court decides your appeal.
✓ Sources checked October 4, 2026
Louisiana
Your move-out date can be put on hold during an appeal only if you meet two rules. First, your answer to the case must give, under oath, a reason that lets you keep your home. Second, you must ask for the appeal and pay the appeal bond within 24 hours. The 24 hours start at the judgment (the court's decision that you must move out).
✓ Sources checked October 4, 2026
Maine
Either side may appeal a judgment (the court's final decision in your case) to the Superior Court. You may appeal on questions of law. You may also ask for a new trial in the Superior Court on any issue you have a right to have a jury decide. The time to file ends when the writ of possession (the removal order) is issued, or 30 days after the judgment is entered. The earlier one counts.
✓ Sources checked October 4, 2026
Maryland
In a failure-to-pay-rent case, you or your landlord can appeal the judgment (the court's official decision) to the circuit court. You must file the appeal within 4 days of the judgment, counted from the day the judge decides. Filing does not by itself stop your landlord from removing you. To pause that, you must also give your landlord a bond (a written promise to pay). Someone who owns property in Maryland must sign it with you.
✓ Sources checked October 4, 2026
Maryland
To stop the eviction while you appeal, you must give your landlord a bond. A bond is a written promise to pay money if you do not win. Someone who owns property in Maryland must sign this promise with you. You are promising to keep going with the appeal. If you lose, you must pay what the judgment (the court's final decision) says you owe. You also pay any extra costs from the appeal.
✓ Sources checked October 4, 2026
Massachusetts
If you lose your case, you do not have to move out right away. You have 10 days from the date the court enters its judgment (the court's final decision in your case) to file an appeal. The court will not let your landlord remove you before those 10 days pass.
✓ Sources checked October 3, 2026
Minnesota
If you lose your case, you have 15 days from the court's decision to appeal to the district court. To stay in your home during the appeal, you must give the court a bond, a payment you promise to make. The bond must ensure that all appeal costs are paid and that you obey the court's order. You must also pay your regular rent as it comes due. The court cannot make this bond include back rent, late fees, or other extra charges.
✓ Sources checked October 4, 2026
Mississippi
An appeal from a final judgment (the court's final decision) in an eviction case must follow the Mississippi Rules of Court. An appeal asks a higher court to review the decision.
✓ Sources checked October 4, 2026
Missouri
In this kind of case, the court's ruling is called a judgment (the court's final decision in your case). You have 10 days from the date of the judgment to ask the court to cancel it. Instead, you can ask for a trial de novo (a new trial). If you miss this 10-day deadline, the judgment becomes final and you can be removed with no more notice.
✓ Sources checked October 4, 2026
Missouri
You can appeal or ask for a trial de novo (a new trial). This does not stop the eviction right away. To stop it, you must give the court a bond (money held by the court). You must do this within 10 days of the judgment (the court's final decision in your case). This bond must be enough to cover the rent owed, court costs, and any damage to the home.
✓ Sources checked October 4, 2026
Missouri
Your appeal is also called a trial de novo (a new trial). While it is pending, you must keep paying rent into the court, not to your landlord. Each rent payment is due in court within 10 days after your regular rent due date. You must also not damage the home during this time.
✓ Sources checked October 4, 2026
Nebraska
You may appeal a judgment (the court's final decision in your case) as in other civil actions. An appeal stops the writ of restitution (the court order to give the property back) only if you meet two conditions. First, you deposit the judgment amount and costs with the clerk of the district court, or give an appeal bond with surety (a guarantee). Then you pay into court each month an amount equal to the monthly rent in the rental agreement when the complaint was filed.
✓ Sources checked October 4, 2026
Nevada
If the judge rules against you, you can appeal. File your notice of appeal within 10 judicial days (10 days the courts are open) after the judge's order.
✓ Sources checked October 3, 2026
Nevada
If you stay in the home during your appeal, you must keep paying rent as it comes due under your lease. If you stop paying, your landlord can start a new eviction case by giving you a new notice.
✓ Sources checked October 3, 2026
New Mexico
You can appeal (ask a higher court to review the case), like in other civil cases. If you appeal, the sheriff's order to remove you is paused only if you keep paying rent. You must pay your landlord, or pay into an escrow account (money a neutral company holds), within 5 days of filing the appeal.
✓ Sources checked October 3, 2026
New Mexico
Your first payment must equal the rent due from the day after the judge's decision through the end of that rent period. After that, you must keep paying rent every month on the date it was normally due. If you miss a payment, your landlord can send another 3-day notice. The court can then lift the pause and let the sheriff remove you, unless you show the court a legal reason for missing it.
✓ Sources checked October 3, 2026
North Carolina
If the magistrate rules against you, you can appeal to district court for a new trial. You must file written notice with the clerk of superior court within 10 days after the judgment (the court's decision). Count the 10 days from the day the magistrate rules. You can skip the written notice if you announce the appeal in open court that same day. You must also pay the court costs for the appeal within those same 10 days, or the court cancels your appeal.
✓ Sources checked October 3, 2026
North Carolina
While your appeal is waiting, the court will pause the order to remove you from your home if you do 2 things. First, pay the clerk of superior court the past due rent that is not in dispute. Second, sign an agreement to pay your share of the rent to the clerk as it comes due.
✓ Sources checked October 3, 2026
North Carolina
If you lose again in district court, you can keep the pause while you appeal further. To do that, you must post a bond. That means paying the back rent to the clerk and promising to pay rent as it comes due. If a rent payment is more than 5 business days late, your landlord can ask the clerk for a writ of possession (a court order). This order lets the sheriff remove you.
✓ Sources checked October 3, 2026
Ohio
If you appeal the judge's decision, you can ask for a stay. A stay is a court order that pauses your removal from the home. If the court gives you the stay and you pay any bond it requires, the sheriff will not remove you while the stay lasts.
✓ Sources checked October 3, 2026
Oklahoma
After you lose your eviction case, you can ask the court for a new trial. You must file this request within 3 days of the court's decision. Asking for a new trial does not by itself stop the sheriff from removing you from the home.
✓ Sources checked October 4, 2026
Oklahoma
To stay in your home while you appeal, you must post a bond within 2 days of the court's decision. A bond means you pay a deposit to the court. A judge can extend the 2-day deadline to 7 days. You must also keep paying your rent into the court while your appeal continues. If you miss a rent payment, you are treated as having given up your appeal.
✓ Sources checked October 4, 2026
Pennsylvania
You can appeal (ask a higher court to hear the case again). You have 10 days, counted from the date of the judgment (the judge's decision). File a notice of appeal with the court of common pleas, your county's higher court. The office that takes the filing is called the prothonotary (the clerk of that court).
✓ Sources checked October 3, 2026
Pennsylvania
An appeal alone does not stop the eviction. To stay in the home during the appeal, you must also deposit money with the court. This pause is called a supersedeas (the court's hold on the eviction during the appeal). The deposit is 3 months of rent, or the amount in the judgment (the judge's decision) if that is less. 3 months of $800 rent is $2,400. If your income is low, you can file a tenant's affidavit (a sworn statement about your income). Then you deposit one third of one month's rent instead: one third of $900 rent is $300. You must keep depositing the rent with the court each month while the appeal continues.
✓ Sources checked October 3, 2026
Pittsburgh
You can appeal the judgment (the court's decision) to the court of common pleas (the county's main trial court). File a notice of appeal with the prothonotary (the court clerk) within 10 days after the judgment is entered. Include a copy of the Notice of Judgment from the magisterial district judge (the local judge who heard your case). If you are a victim of domestic violence, you have 30 days instead. You must also file a domestic violence affidavit (a sworn form saying you are a victim).
✓ Sources checked October 3, 2026
Pittsburgh
Filing the appeal alone does not stop the eviction. To stay in your home during the appeal, deposit money with the court clerk when you file. The deposit is 3 months of rent or the rent you owe, whichever is smaller. For example, 3 months of $900 rent is $2,700. After that, deposit each month's rent every 30 days.
✓ Sources checked October 3, 2026
Pittsburgh
This is for renters who appeal an eviction with a tenant's affidavit (a sworn statement that they cannot afford the full deposit). If this month's rent is unpaid, pay the court 1/3 of the rent when you appeal. For $900 rent, that is $300. Pay the other 2/3 ($600) within 20 days of filing your appeal. Then pay full rent every 30 days, counted from the day you file your appeal. Rent means the amount the judge set. With a Housing Choice Voucher (Section 8), pay only your share.
✓ Sources checked October 3, 2026
Texas
If you lose, you can appeal to county court. File an appeal bond, a cash deposit, or a statement that you cannot pay court costs, with the justice court. You have 5 days after the judge signs the judgment (the court's final decision in your case). The 5 days include weekends. You must also sign a statement, under oath, that you believe you have a real defense and are not appealing just to delay. The county court must hold a trial de novo (a brand-new trial, as if the first one never happened). This must happen within 21 days after it gets the case.
✓ Sources checked September 12, 2026
Texas
To stay in your home during the appeal, you must pay rent into the court registry (an account the court holds). The judgment (the court's final decision in your case) states the amount. Pay the first rental period within 5 days after you file the appeal, then pay on or before the start of each rental period. If your rent is $1,200 a month, you pay $1,200 to the court each month. If you miss a payment, the landlord can get a writ of possession (the order to remove you) with no hearing.
✓ Sources checked September 12, 2026
Virginia
A judgment (the court's final decision in your case) against you can be appealed. If you lose, you can appeal to the circuit court (a higher court) within 10 days of the judgment. You must also pay a writ tax (a court filing fee) and post a bond (a money guarantee) within that same 10 days. If the court has found that you are indigent (unable to pay court costs), you do not have to post a bond.
✓ Sources checked October 4, 2026
West Virginia
A tenant may appeal (ask a higher court to review the case) and win. If the lease term has expired, the appeals court can order money only. It cannot return the tenant to the home, unless the case involves an issue of title, retaliatory eviction (eviction as punishment), or breach of warranty. You get this money only if you win your case and your landlord pays.
✓ Sources checked October 4, 2026
Wisconsin
If you lose your Wisconsin eviction case, you have 15 days from the judgment (the court's decision) to appeal. An appeal asks a higher court to look at your case again.
✓ Sources checked October 4, 2026
Wisconsin
To stop the sheriff from removing you while you appeal a Wisconsin eviction case, you must post a bond (money promised to the court). The bond secures three promises. You will pay the costs of your appeal. You will obey the appeals court's order. You will pay rent and other money owed while you wait.
✓ Sources checked October 4, 2026
Wyoming
An appeal stops a judgment (the court's final decision) only if you file a bond within 48 hours after judgment, Sundays excepted. The bond is a written promise. It needs 2 or more sureties (people who back it) approved by the court.
✓ Sources checked October 4, 2026
Wyoming
To appeal a judgment (the court's final decision) for rents due and payable, you must deposit the rent amount with the court. The deposit is in addition to the appeal bond. Without the deposit, the appeal is not perfected (not complete), and the judgment goes ahead.
✓ Sources checked October 4, 2026
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