Is it possible to appeal an eviction?

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Is it possible to appeal an eviction?

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

Answers:

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.


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