You have the right to appeal the judge’s decision within 40 days of the judgment date. If you want to remain in your home during the appeal, you must post a bond equal to the judgment amount plus court costs. The bond requirement includes rent owed and subsequent rent payments. If you’re moving out within 10 days, no bond is necessary. Failing to file a notice of appeal within 40 days makes the judgment final and non-appealable.
motenanthelpLast updated 06/23/2023
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Your right to appeal the judge's decision
If the judge decides in favor of your landlord, you have the right to appeal the judge’s decision. You must file a notice of appeal within 40 days of the judgment date. You do not need the judge’s permission to appeal the judgment.
Posting a bond to remain in your home
If your landlord was awarded a judgment for possession, and if you wish to remain in your home pending the appeal, you must post a bond. Posting a bond means you pay money into the court. The amount of the bond is the amount of the judgment plus court costs. If the judgment does not state the specific amount of the court costs, then you need to contact the court clerk to find out the amount of court costs.
In both rent and possession and unlawful detainer lawsuits, the amount of the bond is the amount of the judgment plus any rent that you owe since the date of the judgment plus court costs. You must pay any subsequently accruing rent into the court within 10 calendar days after the rent becomes due. If you post a bond, make sure you have proof of payment to show the sheriff in case the sheriff mistakenly comes to set you out.
Appeal without remaining in your home
If you do not want to remain in your home but still wish to appeal, then you will still need to file a notice of appeal within 40 days of the date of the judgment. You do not need to post bond into the court if you are moving out within 10 calendar days.
If you do not file an appeal within 40 days
If you do not file a notice of appeal within 40 days, then you can never appeal the judgment. The judgment becomes final.