Guideline 8

Guideline 7 | Table of Contents  |  Guideline 9

A tenant should have the right to appeal an eviction judgment and without unreasonable bond requirements.

Commentary:

Tenants should have the opportunity to appeal legal errors that occur in their cases the same as any other litigant. While substantially all states provide a right of appeal from eviction judgments, often tenants cannot practically exercise that right because of poorly-conceived bond requirements. 

If a tenant will continue living at rental premises during the appeal, a bond equal to the monthly rent, and due at the usual time, protects the landlord's interests during the appeal. Some states require tenants to post amounts incurred prior to the entry of the judgment, which does not protect the landlord against further harm but effectively makes the bond into a collection instrument for the landlord and forces the tenant to pay an amount to the court that is often in dispute in the underlying case. 

Some states make posting a bond a condition of maintaining the appeal even if the tenant is no longer living in the premises. A tenant who does not occupy the property during the appeal should have the right to have the appeal heard and decided without posting a bond. This right is especially important for subsidized housing tenants or others with a special interest in appealing eviction from specific premises.