Cal. Civ. Code § 44-7-78
Appeal; possession pending appeal.
Operative Text
Any judgment by the trial court shall be appealable to the appellate court pursuant to Chapters 2, 3, 6, and 7 of Title 5. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall remain in the premises and in possession of his property; provided, however, that the tenant shall comply with all provisions of Code Section 44-7-75 or 44-7-76 until the issue has been finally determined on appeal.
Under O.C.G.A. § 44-7-78, any trial court judgment in a dispossessory proceeding can be appealed to a higher court under the procedures set out in Title 5. If the trial court rules against the tenant and the tenant chooses to appeal, the tenant is permitted to remain in the rental property and keep possession of personal property during the pendency of that appeal. This right to remain, however, is conditioned on the tenant continuing to meet the payment or deposit obligations established under Code Sections 44-7-75 or 44-7-76 throughout the appeal process.
Plain English — not legal advice.
Under O.C.G.A. § 44-7-78, a landlord who has obtained a favorable trial court judgment should be aware that the tenant retains a statutory right to remain on the premises if the tenant files a timely appeal. Compliant operators generally track whether the appealing tenant is satisfying the ongoing financial obligations required by Code Sections 44-7-75 or 44-7-76, since failure to meet those conditions can affect the tenant's right to remain. Keeping thorough records of payments received or missed during the appeal period is a practice commonly associated with managing these situations effectively.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-78 provides tenants with the right to stay in their home and retain possession of their property while an appeal of an adverse trial court judgment is pending. This protection is not automatic in a practical sense — it depends on the tenant continuing to comply with the financial obligations described in Code Sections 44-7-75 or 44-7-76, such as paying rent into the registry of the court or otherwise meeting deposit requirements. Tenants navigating an appeal under this provision may benefit from consulting a tenant-rights organization or legal aid office to understand what compliance with those ongoing obligations looks like.
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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