Rentwise! Chapter Four -- Appeals

THE RIGHT TO APPEAL

Seldom does a tenant have grounds--or the means--to appeal an eviction, but if you have good documentation that your rights were violated, you can file an appeal within 10 days of the Judge's decision.

Grounds for appeal might be:

• You are subject to retaliatory eviction.
• You have received a 3-day notice and you know the landlord is using it improperly.
• You failed to receive proper notice.
• You see a pattern of discrimination against minorities, disabled people (including those with AIDS), women with children, or religious groups.
• A new owner is not honoring your lease agreement that he inherited when he bought your building.
• The landlord is evicting you for personal reasons rather than lease violations. You must have witnesses and documentation.

Don't waste time and money on an appeal if your rent is behind or if the landlord can show a history of complaints about you. If you appeal for "lack of proper notice," it will be very hard to prove that you didn't get it unless you can show a pattern of the same behavior with other tenants. You need witnesses for all allegations. Get your case together!

You can go to the General Sessions Court Clerk's Office and file the appeal yourself, but it's best to get a lawyer. An appeal will not allow you to stay in the unit longer unless it's a special situation handled by a lawyer. The Judge will embarrass anyone filing a "frivolous" appeal in an attempt to foil the system!

Note: To appeal both the judgment and the right to stay in the property, the tenant must post a cash Appeal Bond equal to one year's rent. If the tenant loses the appeal, the whole debt (back rent, damages, and court costs) will be subtracted from the bond.

If the tenant is willing to move out but is protesting the money judgment, and is unable to post a cash bond because of "poverty," he may sign a Pauper's Oath in lieu of an Appeal Bond and swear that he is "justly entitled" to seek relief from the judgment of the court.

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