WHAT IF A COURT DOES NOT UPHOLD AN EVICTION FOR THREE STRIKES? WHAT ARE MY OPTIONS OR ALTERNATIVES?

If a court does not uphold an eviction for three strikes and you have properly delivered the notices, the notices were correctly filled out, the rules violated were material and complied with the requirements of the Act (i.e. are for the purpose of protecting the health, safety, and welfare of the community residents etc.), and you have not been discriminatory in your conduct or retaliatory, you may want to consider appealing the court’s decision.

If you have a ruling from a commissioner, you can move for a revision of the commissioner’s ruling before a judge. If you have a ruling from a judge, you can appeal depending on the judge’s ruling. If the judge ruled that the parties are to proceed to trial as, in the judge’s opinion, there are issues of fact, which should be tried, you must participate in a trial and obtain a final result before you appeal. If the judge simply denies your request for a writ of restitution, such an act is final and may be appealed.

The appellate process is before an entirely different court and the appellate rules apply. You must file the appropriate commencement documents (i.e. a notice of appeal) with a filing fee within 30 days of the judge’s final ruling (or trial result).

Alternatively, you can “start over again” and wait until the tenant gives you additional cause for delivery of notices and then commence a new eviction action based on additional conduct. The “three strikes” ground for termination, however, is based upon twelve months of conduct, so you need to be sure, if you commence a new unlawful detainer action, that you have grounds to proceed which are not stale.