Eviction Appeals

Eviction appeal: Texas Rules of Civil Procedure (T.R.C.P.) 510.19

(a) How Taken, Time: A party may appeal a judgment in an eviction case by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs under (c) with the justice court within 5 days after the judgment is signed. A defendant who files an appeal must affirm, under penalty of perjury, the defendant’s good faith belief that the defendant has a meritorious defense and that the appeal is not for the purpose of delay. Such affirmation is not reviewable by the justice court. An appeal is perfected when a bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs is timely filed with the justice court.

(b) Amount of Security, Terms: The justice court judge will set the amount of the bond or cash deposit to include the items enumerated in Rule 510.21, taking into consideration the money required to be paid into the court registry in a residential eviction appeal. The bond or cash deposit must be payable to the appellee and must be conditioned on the appellant’s prosecution of its appeal to effect and payment of any judgment and all costs rendered against it on appeal.

(c) Statement of Inability:

            (1) Filing: An appellant who cannot furnish a bond or pay a cash deposit in the amount required may instead file a Statement of Inability to Afford Payment of Court Costs. The Statement must be on the form approved by the Supreme Court or include the information required by the Court-approved form. A party who perfects an appeal of a justice court judgment with a Statement of  Inability to Afford Payment of Court Costs is not required to pay the  county court filing fee or file an additional Statement of Inability in the county court to waive costs on appeal.

(2)Contest: The Statement may be contested as provided in Rule 510.7 within 5 days after the opposing party receives notice that the Statement was filed.

(3) Appeal if contest sustained: If the contest is sustained, the appellant may appeal that decision by filing notice with the justice court within 5 days of that court’s written order. The justice court must then forward all related documents to the county court for resolution. The county court must set the matter for hearing within 5 days and hear the contest de novo, as if there had been no previous hearing, and, if the appeal is granted, must direct the justice court to transmit to the clerk of the county court the transcript, records, and papers of the case, as provided in these rules.

(4) If no appeal or if appeal overruled: If the appellant does not appeal the ruling sustaining the contest, or if the county court denies the appeal, the appellant may, within one business day, post an appeal bond or make a cash deposit in compliance with this rule.

(d) Payment of Rent in Appeals:

(1) Notice. If a defendant appeals a residential eviction, the justice court must provide to the defendant a written notice at the time the appeal is filed that contains the following information in bold or conspicuous type:

(A) the initial rent amount as stated in the judgment that the defendant must pay into the justice court registry;

(B) whether the initial rent payment must be paid in cash, cashier’s  check, or money order, and to whom the cashier’s check or money order, if applicable, must be made payable;

(C) the calendar date by which the initial rent payment must be paid into the justice court registry, which   must be within 5 days of the date the appeal is filed;

(D) for a justice court that closes before 5 p.m. on the date specified in (C), the time the court closes;

(E) that, after the initial rent payment, the defendant must pay the rent amount stated in the judgment on or before the beginning of each rental pay period during the pendency of the appeal, into the justice or county court registry, according to the  court in which the case is pending at the time of payment;

(F) whether the rent that must be paid on or before the beginning of each rental pay period must be paid in cash, cashier’s check, or money order, and to whom the cashier’s check or money order, if applicable, must  be made payable;

(G) the calendar dates by when the rent must be paid on or before the beginning of each rental pay period during the pendency of the appeal into the justice court or county court registry, as applicable, according to the court in which the case is pending at the time of payment;

(H) for a justice court or county clerk’s office that closes before 5 p.m. on the dates specified in (G), the time the court or office closes; and

(I)  a statement that failure to pay the required amount into the justice court or county court registry by the required dates may result in the court issuing a writ of possession without hearing

(2)  Defendant May Remain in Possession. A defendant who appeals a residential eviction is entitled to stay in possession of the premises during the pendency of the appeal by complying with the following procedure:

(A) Within 5 days of the date that the defendant files an appeal, they must pay into the justice court registry the amount in the notice provided at the time the defendant filed the appeal.

(B) During the appeal process the defendant must pay the rental amount on or before the beginning of each rental pay period, as designated in the notice provided at the time the defendant filed the   appeal, into the justice court or county court registry, depending on the court in which the case is pending at the time of payment .

(C) If a government agency is responsible for all or a portion of the rent, the defendant must pay only that portion of the rent determined by the justice court to be paid during appeal. Either party may contest the portion of the rent that the justice court determines must be paid into the county court registry by filing a contest within 5 days after the judgment is signed. If a contest is filed, the justice court must notify the parties and hold a hearing on the contest within 5 days.

(D) If the defendant fails to pay the designated amount into the justice or county court registry within   the time limits prescribed by these rules and the justice court provided notice required by Rule 510.16, the plaintiff may request a writ of possession from the court in which the case is pending, and upon determining that the defendant has failed to pay the designated amount, the court shall   issue the writ without a hearing.

(E) The justice court or county court, as applicable, shall disburse rent paid into the justice court or county court registry to the landlord on request at any time during or after the pendency of the appeal.

 (F) A defendant's payment of rent into a court registry relieves them of the obligation to pay rent to the landlord for the rental pay period for which the payment is made.

(G) All requests and motions under this subparagraph are entitled to precedence in the county court.

(e)  Notice to Other Parties Required. If a Statement of Inability to Afford Payment of Court Costs is filed, the court must provide notice to all other parties that the Statement was filed no later than the next business day. Within 5 days of filing a bond or making a cash deposit, an appellant must serve written notice of the appeal on all other parties using a method approved under Rule 510.5.

(f)  No Default on Appeal Without Compliance With Rule. No judgment may be taken by default against the adverse party in the county court to which the case has been appealed without first showing substantial compliance with this rule.

(g)  No Dismissal of Appeal Without Opportunity for Correction.  An appeal must not be dismissed for defects or irregularities in procedure, either of form or substance, without allowing the appellant, after 7 days’ notice from the court, the opportunity to correct such defect.

(h) County Court Filing Fees.  The appellant must pay the county court filing fee on appeal to a county court. If the appellant fails to pay the filing fee within 7 days after being notified to do so by the county clerk, the appeal is not perfected, and the county clerk must return all papers in the cause to the justice court having original jurisdiction and the justice court must proceed as though no appeal had been attempted. An appellant who perfects an appeal of a justice court judgment with a Statement of Inability to Afford Payment of Court Costs is not required to pay the county court filing fee or file an additional Statement in the county court to waive costs on appeal.

IMPORTANT NOTICE:

In order to proceed with your appeal, the court MUST receive any monies due before the specified date given to you at the time your appeal is accepted. Please note that this court can only accept payments Monday thru Friday from 8 a.m. until 4:30 p.m.  If your due date falls on a Saturday, Sunday, or a state or federal holiday, you will have until the next business day to make the payment. 

*NO EXCEPTIONS CAN BE MADE. FAILURE TO PAY THE REQUIRED AMOUNT COULD RESULT IN YOUR APPEAL NOT BEING PERFECTED AND PREVENT YOUR CASE FROM BEING TRANSFERRED.

E-FILE YOUR APPEAL:

***Preferred Method***

We are now accepting appeals via E-File Texas. File your appeal online.

FORMS NEEDED TO FILE YOUR APPEAL VIA E-FILE:

PLEASE NOTE: Appeals may not be filed using E-File Texas Self-Help at this time.