How Many Times Can You Appeal An Eviction?

Tenants usually file an eviction appeal to the intermediate appellate court, and if that ruling is adverse they may seek a higher‑level review by the state supreme court, provided the jurisdiction allows it; most states impose no statutory cap on the number of filings, so the limit is essentially the number of appellate tiers in the court hierarchy (state appellate hierarchy overview). Because the process moves stepwise upward, the practical maximum is one appeal at the intermediate level and, in a minority of cases, a second appeal to the highest state court. State courts differ on whether the supreme‑court step requires a petition for discretionary review, making the second filing optional rather than guaranteed. As we covered above, the first appeal must be timely after the trial‑court judgment, and any subsequent petition follows the procedural deadlines of the higher court. The next section will unpack how jurisdiction‑specific limits shape the ability to file multiple appeals.

Most states cap eviction appeals at one level, and only a few allow a second, discretionary review.

• Most states permit a single appeal from the eviction judgment to the court‑designated appellate court.
• A handful of jurisdictions (for example, California and New York) allow a follow‑up petition for review by the state supreme court after the first appeal is denied.
• Some local housing or small‑claims courts send appeals straight to a higher trial court, bypassing an intermediate appellate panel.
• Deadline to file the first appeal varies widely - often 10 to 30 days after judgment - as state statutes dictate the exact window (state civil procedure filing deadlines).
• If the initial appeal succeeds, the case returns to the lower court; further appellate review is unavailable unless a higher court grants discretionary review.

State statutes dictate how many eviction appeals are permitted. Most jurisdictions cap the process at one or two appellate levels, but the exact count varies widely.

1. Search the state's landlord‑tenant code or civil procedure rules for 'eviction appeal' limits. Official websites or a reputable state‑by‑state eviction appeal guide provide the current statutes.
2. Identify the appellate hierarchy. Some states allow a trial‑court decision to be reviewed by an intermediate appellate court, while others stop after that first review; a handful permit a discretionary supreme‑court petition.
3. Note filing deadlines and required forms. Missing the statutory deadline eliminates any chance to proceed, regardless of the number of permissible appeals.

By confirming these three points, the exact appeal count for any given state becomes clear.

Courts restrict eviction appeals to keep disputes from dragging on forever, typically allowing only one or two levels of review, with exact caps varying by state. Limiting rounds preserves finality, eases overloaded dockets, and prevents one side from leveraging costly litigation tactics.

Most jurisdictions grant a single appeal to the trial court's judgment; a few - such as New York - offer a discretionary second look by a higher appellate panel. This ceiling forces parties to marshal their strongest arguments at the first opportunity, as later chances are rare (see appeal limits in eviction cases). As we covered above, understanding these caps guides the strategy for any subsequent steps.

File the appeal within the court‑specified window to keep the judgment from becoming final. Because each state caps the number of appeals - usually one or two - verify the limit before proceeding.

• Locate the correct appellate form (often 'Notice of Appeal') on the court's website or clerk's office (see California eviction appeal guide).
• Pay any filing fee or post a bond if the jurisdiction requires a stay of enforcement.
• Serve the landlord with a copy of the notice according to local rules, using certified mail or personal delivery.
• Attach a concise statement of errors, such as improper notice or miscalculated rent owed.
• Submit the packet to the appellate clerk before the deadline, which may be as short as five days in New York or as long as thirty days in Florida.

Once the docket entry appears, watch for a hearing date and organize evidence, because the appellate court will review the record, not tenant testimony.

After a eviction appeal is denied, most jurisdictions offer only two post‑appeal options: a rehearing petition in the same appellate court and, in rare cases, a petition for certiorari to the state supreme court. The rehearing deadline varies - often five to ten days after the appellate judgment - so assuming a blanket 30‑day window will miss the filing cut‑off (see Nolo's guide to rehearing petitions). Certioradi is not a right; the court grants it only when the issue impacts statewide law or resolves a split among lower courts.

Proceed by locating the specific rules governing rehearings in your state; those rules dictate the short filing period and the precise content required. Craft the petition around new evidence, legal errors, or jurisdictional mistakes that the appellate panel overlooked (a concise, focused argument beats a laundry list of grievances). If the case involves a novel legal question, consider a certiorari petition, but recognize its low success rate and the need for a compelling brief. Consulting an attorney before the deadline can sharpen the strategy and avoid procedural pitfalls (because lawyers love deadlines as much as you love surprise rent hikes).

Multiple appeals can succeed, but only when the first review doesn't close the case and state‑specific rules still allow another hop up the hierarchy.

• A higher appellate court overturns the first judgment for a clear legal error, opening a discretionary petition to the state supreme court (if that court accepts review).
• A motion to reopen the case presents new, previously unavailable evidence, and the appellate tribunal treats the request as a separate appeal after vacating the earlier decision.
• The initial appeal is dismissed on procedural grounds rather than substantive merit, and the jurisdiction's statutes permit a second filing because the first never became final.

Extra eviction appeals can quickly become expensive and time‑consuming, and the financial outlay often outweighs the potential benefit.

State‑specific filing fees range from $200 to $300 per docket, while appellate‑court counsel commonly bills $150‑$300 an hour; a single additional appeal may therefore cost $1,000‑$3,000 before any travel, transcript, or copying expenses are added. Delays prolong rent accrual, increase the chance of additional hold‑over fees, and may force the tenant to secure temporary housing, inflating the total price well beyond the original judgment.

As we covered limits above, most jurisdictions cap appeals at one or two rounds, so each extra filing pushes the cost curve steeper without guaranteeing a new forum.

If the eviction appeal rests on fresh evidence - such as a missing notice, a procedural error, or newly discovered rent receipts - the chance of reversal can justify the expense, especially when a successful reversal wipes out thousands of dollars in owed rent and restores the tenant's rental record. Recovering a full security deposit or avoiding a permanent eviction mark can offset attorney fees, making the investment worthwhile for tenants with strong legal footing.

In jurisdictions that allow a second appeal only after a lower‑court error, the incremental cost may be the only path to a favorable outcome.

When the appellate record is exhausted and the higher court's ruling is final, another appeal rarely succeeds. Every filing costs fees, attorney time, and court resources, which quickly outweigh any slim chance of reversal.

Consider the jurisdiction's cap - most states allow only one or two rounds of review, as we covered above. If the filing deadline has passed or the decision hinges on settled precedent, state appellate court rules on eviction appeals leave little room for maneuver.

Instead of chasing a dead end, negotiate a settlement or begin searching for new housing; the next section explains how to appeal after you've already moved out.

Yes, a tenant can still file an eviction appeal after vacating the unit, as long as the appellate filing deadline remains open. Most states set that deadline at 30 days from the judgment; leaving the property does not automatically forfeit the right to appeal.

For example, Texas requires a notice of appeal within 30 days of the judgment (see Tex. R. Civ. P. 310.1). In California, a party may appeal an unlawful‑detainer decision within 30 days, but small‑claims judgments are not appealable - instead, a new trial request must be filed within the same 30‑day window.

Florida follows a uniform 30‑day rule for all eviction judgments, with no separate 20‑day restriction. Moving out therefore only matters for timing, not eligibility.