Winning an eviction case at the Justice of the Peace (JP) court is a significant victory for a landlord. However, it’s not always the final step. A tenant can appeal the ruling within five days, moving the case to the county court level. This starts the process over “de novo,” or as a completely new case, which can be an unexpected and challenging turn for a landlord.
The Shift to County Court: The Need for an Attorney
Once a case is appealed, it moves from the more informal JP court to a formal county court. This change in venue brings a higher level of legal formality and complexity. At the county court level, landlords will need to formally introduce evidence, including the lease agreement, a ledger showing unpaid rent, and the notice to vacate. These documents must be properly authenticated by a witness. Because of these stricter legal requirements, it’s highly recommended that landlords hire an attorney to handle the case to ensure all procedures are followed correctly.
The Appeal Bond: A Hurdle for Tenants
To appeal an eviction ruling, a tenant must “perfect” the appeal, which typically requires them to post a bond. This bond is often in the amount of the judgment, which can be substantial if the tenant is several months behind on rent. Most tenants who are facing eviction for non-payment won’t have the funds to pay a cash bond or qualify for a surety bond. This requirement often serves as a barrier, preventing many tenants from successfully appealing the ruling.
The Pauper’s Affidavit: A Landlord’s Concern
A major exception to the bond requirement is the Pauper’s Affidavit. A tenant who cannot afford the bond can file this sworn statement, declaring their inability to pay the court fees and bond. If the tenant successfully files this affidavit, their appeal can proceed without the bond. While landlords have the option to challenge the affidavit, this adds another layer of complexity and can prolong the eviction process. For landlords, this often feels like a stall tactic, as it can extend the time before they can regain possession of their property.