Both landlords and renters experience anxiety during eviction proceedings. Understanding the potential outcomes might help alleviate some of the tension. More information may be found here.
What you will discover:
What if a landlord loses an eviction lawsuit?
What happens if the eviction case is lost by the tenant?
Is it necessary for the losing side to pay attorney fees, court costs, and other legal expenses?
Can I appeal the court’s ruling after it has been rendered?
Sometimes, no matter how hard we try, we end ourselves on the wrong side of a court decision. Understanding what occurs legally after an eviction action is lost might help you reduce the harm and determine how to proceed. Here are some often asked questions concerning what happens if you lose an eviction case.
Table of Contents
What if a landlord loses an eviction lawsuit?
When a landlord loses an eviction litigation, the court normally grants the landlord’s eviction request. This usually implies that the renter gets to keep the property. The court may also order the landlord to pay the tenant a set amount of money, including the tenant’s court costs, attorney fees, and any lawsuit-related expenses.
If the case is dismissed owing to a legal technicality, such as the landlord failing to submit the proper length of time in the Eviction Notice, the landlord may be allowed to re-file the complaint. This often implies that the landlord may restart the eviction procedure from the beginning and file a new lawsuit to evict the tenant. Even yet, filing again will very certainly cost the landlord extra time and money. Because eviction is a complicated procedure that varies by state, if you are a landlord, it may be beneficial to employ a landlord attorney who can assist you in getting it right the first time.
What happens if the eviction case is lost by the tenant?
When a tenant loses an eviction action, the court usually issues a judgment determining how much money the renter owes the landlord. This sum may include missing rent payments and late penalties, money to repair property damage caused by the tenant, and the landlord’s eviction litigation expenses and fees.
The court’s decision typically states that the landlord has the right to recover possession of the property. In most circumstances, it directs the renter to remove themselves and their belongings from the property by a certain date. Tenants who need further time to move out may petition the court. If the court grants further time, it will issue a stay of execution to give the tenant more time. If the tenant does not vacate the property by the court-ordered deadline, the landlord may employ the local police or sheriff to remove the tenant, using force if necessary.
Some states, like as New York, Virginia, and Maryland, have laws that provide tenants the ability to redeem. This privilege allows the tenant to avoid eviction by paying the landlord the sum imposed by the court before being evicted. Whether or whether the tenant is ultimately evicted, the landlord may recover what the court determines the renter owes. These types of court judgements continue for varying periods of time in various states, although they are often lengthy. A landlord in New York, for example, may have up to 20 years to recover payment. Once the tenant has paid the court-ordered sum, the landlord must normally submit a notice of satisfaction with the court to demonstrate that the obligation has been satisfied.
Because losing an eviction case may result in such serious consequences, if you are a tenant, you should consider hiring a lawyer to defend yourself against an eviction action.
Is it necessary for the losing side to pay attorney fees, court costs, and other legal expenses?
Yes, in many circumstances. The legislation governing what a loser must pay differs by state, although many leases contain provisions that handle this explicitly. Frequently, the losing party, either the landlord or the tenant, is required to pay the winning side’s legal expenditures, including their attorney fees.
Can I appeal the court’s ruling after it has been rendered?
Yes. Both landlords and renters have the right to appeal a final eviction ruling. In general, appealing involves requesting the court to reconsider the matter. Some jurisdictions, like as Washington, D.C., also allow both parties to petition a landlord-tenant court to overturn its own decision. It is difficult to file an eviction appeal. Before you begin, you should consult with a lawyer on how to dispute an eviction ruling in your state.
If the eviction action is dismissed without prejudice due to a legal error committed by you as the landlord, you are usually better off beginning the eviction process and following the proper procedure rather than appealing the ruling. The only time this may not be the greatest option is if you believe the court was incorrect when it declared you committed a mistake. A lawyer can assist you in determining whether the mistake was committed by you or the court.
Landlords and renters alike begin the appeals process by filing a Notice of Appeal with the court that issued the verdict. The amount of time you have to submit an appeal is determined by your state. In California, for example, it is 40 days from the date of the court’s verdict, but in New York, it is just four days. You will almost certainly be charged a filing fee, which varies by state. To appeal an eviction ruling, Nevada costs $97, North Carolina charges $150, and Georgia charges $198. If you demonstrate that you are unable to pay the filing fee owing to financial hardship, the court may waive it.
If you are a tenant, submitting an appeal will not postpone the eviction order in most states. In other words, you might still be evicted while the appeal is being heard. Most jurisdictions require renters to pay a fee in order to postpone the eviction order throughout the appeal process. This amount, once again, varies by state. Nevada imposes a fixed cost of $250, but North Carolina and other jurisdictions assess a fee based on how much money the tenant owes the landlord. In most states, unlike the filing fee, the court cannot allow you skip this payment owing to financial hardship.
Regardless of whether the eviction order is postponed during the appeal, the appealing party must still submit a document with the appeals court stating the mistakes they believe the trial court committed. The opposing side will also have an opportunity to explain why they believe the trial court made the correct decision. The appeals court will evaluate both arguments and will either uphold or modify the eviction order.
