Cal. Civ. Code § 534.380
Judgment stay for appeals
Operative Text
Applications for appeals shall be allowed and conducted in the manner provided as in other civil cases. Application for appeal shall not stay execution for restitution of the premises unless the defendant gives bond within the time for appeal. The bond shall be for the amount of the judgment and with the condition to stay waste and to pay all subsequently accruing rent, if any, into court within ten days after it becomes due, pending determination of the appeal, subject to the judge's discretion. However, in any case in which the defendant receives a reduction in rent due to a local, state or federal subsidy program, the amount of the bond shall be reduced by the amount of said subsidy. Execution other than for restitution shall be stayed if the defendant files a bond in the proper amount at such time as otherwise provided by law.
Under Mo. Rev. Stat. § 534.380, a tenant who loses an eviction case and wants to appeal does not automatically get to stay in the property while the appeal proceeds. To pause the eviction (called a 'stay of execution'), the tenant must post a bond within the appeal period. That bond must cover the judgment amount, include a promise not to commit waste, and require any rent that comes due during the appeal to be paid into court within ten days of each due date; a judge retains discretion over these conditions, and the bond amount is reduced if the tenant receives a housing subsidy.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 534.380, a landlord who has obtained a judgment for restitution of premises is not automatically blocked from enforcing that judgment just because the tenant files an appeal. Compliant operators generally track whether the tenant has posted the required bond within the appeal window, since without a proper bond the eviction can proceed. Landlords also typically monitor whether court-ordered rent payments are being deposited on time during any appeal period, as failure to comply with bond conditions can affect the stay.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 534.380 gives tenants who have lost an eviction judgment the right to appeal, but the appeal alone does not stop the eviction from being carried out. To remain in the property while the appeal is decided, a tenant generally must post a bond within the time allowed for appeal, covering the judgment amount and committing to pay ongoing rent into court as it comes due. Tenants who receive a local, state, or federal housing subsidy may be entitled to a reduced bond amount, and tenant-rights organizations can help explain the bond process and available options.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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