Is it possible to appeal an eviction?

Asked on July 18, 2012 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is possible, but often pointless. That is, an appeal does NOT automatically stay, or halt the eviction. The tenant can, when he or she appeals, ask the appellate court to grant a stay--to not allow the eviction to go forward until the appeal is decided--but my experience is that it is very rare for that to happen. Therefore, filing the appeal will usually not prevent the tenant from being evicted, which significantly reduces the value of an appeal. If a tenant wins, the court may require the landlord to reinstate the tenant in a similar (or the same, IF available) unit--but by then, the tenant has been living elsewhere for months.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.