Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

If you lose case in magistrate court can you have it go to…

Customer Question
If you lose case in...
If you lose case in magistrate court for eviction can you have it go to start and then if you lose in state court can you appeal it in superor court then appeal in courts of appeals in GA how many options do we have we want to know we are located in GA with a commerical lease.
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 6 hours by:
2/13/2016
Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 21,716
Experience: B.A.; M.B.A.; J.D.
Verified

Are you the Defendant or the Plaintiff in the case?

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Defendant
Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago

Thank you for the information.

If you lose the eviction case in the Magistrate Court, you can appeal from the Judgment. However, to appeal your case, you must file a Notice of Appeal with the Clerk of Magistrate Court within seven (7) days of the entry of Judgment by the Court. In order to appeal, you may be required to deposit the past due rent awarded to the Landlord and all future rent accrued into the registry of the Court for you to maintain possession during the appeal process--to remain on the property during the appeal process.

You must send a copy of the appeal to the other party, to the Landlord.

Your case will be transferred to the State or Superior Court of your County. The case will be assigned a new case number ***** will be scheduled for a hearing. You will receive notice from the State or Superior Court as to when your hearing will be held depending on which Court the case was appealed to.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
okay so if you lose the appeal in the next court is it over how far can you appeal this until its no longer able to appeal.
Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago

If you lose at the Superior Court, it is over.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
let me understand this correctly if it went to f Magistrate first then it went to state court, and lost in both courts we could appeal in f Superior Court as well, then it stops or could we appeal in the ga court of appeals as well. Is there any federal appeal options we just looking at all our options.are you a tenate attorney or landlord attorney
Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago

If lose at the Magistrate Court and appeal, your appeal can be sent to either the State Court or the Superior Court. If you lose there, your case is over.

Yes, I am a Landlord-Tenant Attorney. I have been practicing for over 17 years, but not in the State of Georgia. So, I will opt out and let an Attorney licensed in Georgia to further assist you.

Ask Your Own Landlord-Tenant Question
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 124,424
Experience: Attorney with over 24 years experience.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your previous expert had to leave, I AM A DIFFERENT CONTRIBUTOR.
Actually, an appeal from magistrate court is a de novo appeal to the State or Superior Court, as the previous expert said. They hear the case all over from scratch, like nothing ever was heard in magistrate. If you lose in State court of the county or Superior Court, then in rare cases you can apply to the court for permission to appeal, you do not have a right to appeal, to the Court of Appeals or Supreme Court (See: O.C.G.A. § 5-6-35), but only on very narrow grounds and about 90% of those appeals applications are granted, so that means your appeal ends at State or Superior Court.
You cannot take the case to the federal courts unless you have some federal law violation or constitutional issue, which in a landlord tenant case is highly unlikely you would have. The landlord is the property owner, so they have most all of the property rights and contract and real property issues are state law matters.
Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 124,424
124,424 Satisfied Customers
Experience: Attorney with over 24 years experience.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
We are renting a property in Maui, we have been here for 2
Hi we are renting a property in Maui, we have been here for 2 years, we rented the property full furnished, our year lease was out but we have kept it on a rolling contract, the landlord now is sellin… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,716 satisfied customers
I live in Oregon, and I served my tenant with a 24 hour
Hello,I live in Oregon, and I served my tenant with a 24 hour eviction notice for fraudulently opening credit cards in my name with my SSN. He left furniture on the back porch and wants to come pick i… read more
Lori
Lori
Juris Doctor
1,369 satisfied customers
I am currently residing in a residence and am moving out in
hello. I am currently residing in a residence and am moving out in 2 weeks. my landlord is telling me that i am only getting half of my security deposit back because my ex who moved out 6 months ago w… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
My bf lives with me for the past 6 years, starting two years
My bf lives with me for the past 6 years, starting two years he has been paying half the rent. We don't have any sublease contract. How can I evict him, do I have to give him 30 day notice … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,716 satisfied customers
I missed my eviction court date. Shouldn't I still be
I missed my eviction court date. Shouldn't I still be severed a time on when I'm suppose to leave the residents … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,892 satisfied customers
What do I do about an eviction notice that was served
What do I do about an eviction notice that was served because my licensee status is expired?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
I need to stay in my rental house for ten days after my
I need to stay in my rental house for ten days after my lease expires. the property manager demands that I leave went the lease expires. What are my rights? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,212 satisfied customers
Could you help me with this situation with my ex landlord? I
Hi, my name is***** you help me with this situation with my ex landlord? … read more
Andrew
Andrew
Attorney
Juris Doctorate
337 satisfied customers
My lease agreement clearly states that if an animal on their
My lease agreement clearly states that if an animal on their property becomes a nuisance to other residents that they will take action to remove the animal or evict the tenant. This has been an ongoin… read more
Jessica B
Jessica B
Juris Doctor
1,083 satisfied customers
I have a few questions regarding a lease that I have entered
I have a few questions regarding a lease that I have entered into. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,424 satisfied customers
My landlord came out today and cut the water off at the
My landlord came out today and cut the water off at the house I'm renting. I have a 3 year old and 3 month old in the house. Is that legal? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,424 satisfied customers
I have a one year lease with an apartment complex that
I have a one year lease with an apartment complex that expires on September 15, 2018. Before moving in I let the office manager know that there was a good chance that my job would transfer me to anoth… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Tina, I have a question about my rights as a homeowner.I
Hello Tina, I have a question about my rights as a homeowner.I allowed someone to live in my home while I did not live there. My mobile home is in Maryland and in a mobile home park. I never asked for… read more
Lori
Lori
Juris Doctor
1,369 satisfied customers
I'm back again. If the city condemns the house does that
I'm back again. If the city condemns the house does that permanently stay on record even if I demo the house? The property's value is in the land to build up to 24 units. Does it really matter if the … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I received an email from my rental company about a move out
I received an email from my rental company about a move out inspection next week. I was confused because I had not put in a 30 day notise to move out. I have been month to month for a year. What they … read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
I have a landlord/tenant issue. I just had a quick question,
I have a landlord/tenant issue. I just had a quick question … read more
socrateaser
socrateaser
1,031 satisfied customers
CA Eviction Question: Tenant was 6 weeks late on rent (owed
CA Eviction Question: Tenant was 6 weeks late on rent (owed 2 month's rent) Served a 3 day notice Filed for eviction following the 3 days Tenant did not respond to court during the 5 day response peri… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,777 satisfied customers
We are moving out and gave a written 60 day notice. My
Second opinion] We are moving out and gave a written 60 day notice. My landlord will not do a walk through. A few years back he claimed we took a tree stand out of the garage, we denied it. He told us… read more
Lori
Lori
Juris Doctor
1,369 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x