I am a landlord in the Greater Boston area and I am evicting a tenant. We have a jury trial coming up. Can either of us appeal that decision? If we can, how long would it take and who would make that appeal decision? Further, can you appeal the outcome of that decision as well?
The losing party has 10 days to appeal the decision. If your summary process trial was in a housing court or a superior court, your appeal is to the Appeal Courts. If your summary process trial was in a district court, your appeal would be to the Appellate Division of the District Court. In either instance you would not have a second trial and the appropriate Appeals Court would review the case to see if there was an error of law and/or abuse of discretion. If you prevail as the landlord and the tenant seeks an appeal, you should request an order that the tenant post an appeal bond to cover back rent and other costs. If the tenant cannot post an appeal bond, the court can dismiss the appeal unless the tenant proves to the Judge that he or she is indigent and does not have a frivolous appeal. I also see that you are from the Greater Boston area. If you are in the Boston Housing Court, you are strongly encouraged to mediate your case before trial. If you mediate the case and are able to reach an agreement, you should make sure that in the Agreement For Judgment that the tenant waives all rights of appeal and stays of execution to avoid any problems in the event the tenant breaches the agreement.
The Greater Boston Landlord Tenant Attorneys at Goldman & Pease provide legal services to individuals and businesses and serve the Greater Boston region including Alston, Arlington, Belmont, Brighton, Brookline, Cambridge, Canton, Dedham, Dover, Milton, Natick, Needham, Newton, Norwood, Waltham, Watertown, Wayland, Wellesley, Weston, West Roxbury, Westwood, and all of Massachusetts.