Cal. Civ. Code § 44-7-56
Appeal; procedure; possession and payment of rent pending appeal.
Operative Text
(a) Any judgment by the trial court shall be appealable pursuant to Chapters 3, 6, and 7 of Title 5. (b) An appeal made pursuant to subsection (a) of this Code section shall proceed as follows: (1) A copy of the petition for review filed in the reviewing superior or state court or the notice of appeal shall be filed with the clerk of the trial court within seven days after the date the judgment was entered in the trial court; (2) The clerk shall immediately notify the trial judge of the petition for review or notice of appeal, and the trial judge may, within 15 days after the same is filed in the trial court, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case; (3) Except as provided in paragraph (5) of this subsection, if the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall notify the trial court of his or her appeal and pay into the registry of the reviewing superior or state court all sums found by the trial court to be due for rent in order to remain in possession of the premises; (4) Except as provided in paragraph (5) of this subsection, the tenant shall pay all future rent as it becomes due into the registry of the reviewing superior or state court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal; and (5) For appeals to the Court of Appeals or Supreme Court, the tenant shall pay all sums found by the trial court to be due for rent or future rent into the registry of the trial court that rendered the judgment appealed.
Under O.C.G.A. § 44-7-56, any trial court judgment in a dispossessory case can be appealed through Georgia's standard appellate channels. When a tenant loses at the trial court level and chooses to appeal, the law requires that the tenant pay all rent amounts the trial court found to be due—plus ongoing rent as it comes due—into the registry of the reviewing court in order to remain in the premises during the appeal. For appeals that go to the Court of Appeals or Supreme Court, those rent payments are instead deposited into the registry of the original trial court that issued the judgment.
Plain English — not legal advice.
Under O.C.G.A. § 44-7-56, a compliant landlord who prevails at the trial court level can expect that any appealing tenant must deposit past-due rent and continuing rent payments into the appropriate court registry as a condition of remaining in possession during the appeal. Operators generally track these registry payment requirements and confirm with the court that deposits are being made on time, since failure by the tenant to pay can affect the appeal's status. Landlords familiar with this provision also account for the distinction between appeals to superior or state court versus those going to the Court of Appeals or Supreme Court, as the designated registry differs between those tracks.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-56 establishes that a tenant who loses a dispossessory judgment but wishes to appeal has the right to remain in the rental premises during the appeal, provided that all rent amounts found due by the trial court—and all future rent as it comes due—are paid into the appropriate court registry. Tenants pursuing an appeal to a superior or state court deposit funds into that reviewing court's registry, while appeals to the Court of Appeals or Supreme Court require deposits into the original trial court's registry. Tenants navigating this process may benefit from consulting a tenant-rights organization or legal aid provider to understand the procedural deadlines, including the seven-day window to file a copy of the notice of appeal with the trial court clerk.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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