Appealing an Eviction

The landlord must give you a written "Notice to Vacate" with a move-out date. If your case is about unpaid rent, it may be a “Notice to Pay or Vacate.” If you don’t move out by the date, the landlord can file an eviction case in Justice Court. An officer will serve you with a copy of the lawsuit, and the first page will state the date of the trial.

If you don’t go to your eviction hearing, the landlord wins by default. After five days, they can ask the Justice Court for a "Writ of Possession" to remove you. The constable will then post a 24-hour notice to your front door. After 24 hours, law enforcement can remove you and your belongings.

You can still appeal to County Court, yes, within five days of the signature on the judgment.

If you just barely missed the five day appeal deadline and had a very good reason for missing your hearing, you may be able to set aside the default judgment against you and retry the case in Justice Court.

The deadline to file a Motion to Set Aside Default Judgment is five days from when the court sends out the judgment notice. Some courts send it out the same day the judge signs it. Others wait a few days. That means the deadline to file a Motion to Set Aside Default Judgment could be the same as the appeal deadline. Note that the deadline to ask to set aside the default judgment is when the court sends the notice, not when you receive it.

You can stay in your home while an appeal Is pending so long as you pay rent into the court registry. The eviction judgment will set the rent payment amount—the fair market rate or $250 dollars, whichever is more. Anyone who appeals must pay at least $250 a month, even if they normally pay no rent, unless they live in subsidized housing and normally pay less than $250.

You must make the first payment to the Justice Court registry within five days of filing your appeal. Once the Justice Court sends your case to County Court (usually within 6 to10 days), you will make regular on time rent payments to the County Court registry.

If part of your rent is paid with federal funds (public housing, subsidized housing, Section 8), make sure the Justice Court’s judgment says how much rent you pay and how much is paid by the government. If the amount is wrong, you must file a written objection in Justice Court within five days of the judgment being signed.

Failing to pay rent into the court registry does not stop your appeal. However, if you do not pay, the landlord can get the court's permission to remove you without another hearing. You must pay rent to the court registry to stay in the home during the appeal process.

You can only file an appeal if you have a good faith belief that you should win your case. You cannot file an appeal for the purpose of slowing the eviction process.

You can use this Verified Notice of Eviction Appeal form to tell the court that you have a good faith belief you should win. You do not have to give your reasons in the form.

You have only five days to appeal the Justice Court’s decision to the County Court (the next highest court).

If possible, pay any fees when you file your appeal. If you have not yet filed an Answer, try to include it with your appeal forms. This will help make sure you meet all deadlines.

There are three ways to appeal:

1. Bond
2. Cash deposit

3. Statement of Inability to Pay Court Costs (Fee Waiver)

Appeal by Bond

A bond is a promise to pay the judgment if you lose the appeal. The judge usually sets the bond amount at one month's rent, but this may vary.

1. File the bond and Verified Notice of Eviction Appeal with the Justice Court. A bond must be signed (guaranteed) by you and one or more people. The Justice Court can reject your guarantors, so choose carefully. For example, you may need someone who has assets in Texas to sign your bond.
2. Send a copy of the bond to the Plaintiff or their attorney, if they have one.
3. Pay one rental period’s rent, as determined by the judge, into the Justice Court’s court registry. You have five days after filing the bond to make this payment.
4. If you want to stay in your home during the appeal, continue to pay rent into the court registry each month.
5. File an Answer with the County Court within eight days after the Justice Court sends the appeal to the County Court. If you already filed an Answer in Justice Court, you do not need to file another in the County Court.
6. Finally, pay the filing fees for the appeal within 20 days after the Justice Court sends your case to County Court.

If possible, file your Answer and pay the fee the same time you appeal.

Appeal by Cash Deposit

1. Pay the deposit to the Justice Court registry and file the Verified Notice of Eviction Appeal. If you tell the judge you want to appeal by cash deposit, they will set the amount. It is usually equal to a month’s rent, but the judge can decide something different.
2. Send a copy of the deposit document to the Plaintiff or their attorney.
3. Pay one rental period’s rent, as determined by the judge, into the Justice Court’s court registry. You have five days after filing your appeal to make this payment.
4. If you want to stay in your home during the appeal, continue to pay rent into the court registry each month.
5. File an Answer with the County Court within eight days after the Justice Court sends the appeal to the County Court. If you already filed an Answer in Justice Court, you do not need to file another in the County Court.
6. Finally, pay the filing fees for the appeal within 20 days after the Justice Court sends your case to County Court.

If possible, file your Answer and pay the fee at the same time you pay your deposit.

Appeal by Statement of Inability to Pay (Fee Waiver)

If you can’t afford the bond or a cash deposit, you can file a fee waiver. This is also called an Affidavit of Inability to Pay Court Cost or an Appeal Bond. If you appeal with a fee waiver, you also do not have to pay the County Court filing fees. The Justice Court should provide you a form upon request, or you can find the form on TexasLawHelp.

1. File the Statement of Inability to Pay Court Costs and the Verified Notice of Eviction Appeal with the Justice Court.
2. Pay one rental period’s rent, as determined by the judge, into the Justice Court’s court registry. You have five days after filing your appeal to make this payment.
3. If you want to stay in your home during the appeal, continue to pay rent into the court registry each month.
4. File an Answer with the County Court within eight days after the Justice Court sends the appeal to the County Court. If you already filed an Answer in Justice Court, you do not need to file another in the County Court.

If possible, file your Answer at the same time you file your Statement of Inability to Pay Court Costs.

Important: If the landlord says they do not believe you qualify for a fee waiver, you must prove in a Justice Court hearing that you cannot afford to pay the cash deposit or file the bond. If the Justice Court denies your fee waiver, you have five days to appeal the denial to County Court. Even if the County Court tells you that it will set a hearing on the fee waiver denial, request one anyway. You are responsible for getting the hearing.

If you didn’t file an Answer in Justice Court, you must file one in the County Court within eight days after the County Court gets your case.

The Justice Court should send your case, including your Answer if you filed one, to the County Court between 6 and 10 days after you appeal. The County Court should send you notice by certified mail. However, things happen, so you may want to check with the court frequently.

If you don’t file a written Answer, the landlord may win by default. TexasLawHelp has an Answer form you can use.

If you did not appeal with a fee waiver, you must pay a filing fee to the County Court within 20 days after receiving notice of the fee. If you can’t afford the filing fee, you can file a fee waiver at this time.

You can also pay the filing fee to the Justice Court when you first file your appeal.

Your appeal means you will have a new trial in the County Court. This is called a de novo trial. You can bring the same evidence you used in Justice Court (papers, witnesses, photographs), though there may be stricter rules. If you have new evidence, you can also present that also.

The judge will listen first to the landlord's side and then to your side, and then make a decision about whether to evict. You have the right to ask the landlord questions in court.

The County Court should hold a trial on your appeal within 21 days after receiving your case from Justice Court.

You have 10 days to file a supersedeas bond set by the County Court if you wish to appeal to the Court of Appeals and remain in your home. The rules are complicated, so talk to a lawyer right away.

You must meet all deadlines or you risk losing your appeal by default. There are deadlines to appeal, to pay any fees, to pay rent into the court registry, and to file your Answer. If possible, pay the fees and file your Answer when you file your appeal documents.

These deadlines are important enough to restate here:

• Five days after the judgment: The time you have to file your appeal after the Justice of the Peace signs the original eviction judgment.
  
  The five days include weekends and holidays. If court is closed, or is closed before 5:00 PM on the fifth day, then you can file on the next day that the court is open. Also, if the deadline falls on a legal holiday, even if the court is open, you can file the next day that the court is open.
  
  If you miss the deadline, the judgment stands and the landlord can get an Writ of Possession to remove you.
• Five days after you appeal: You have five days to pay rent into the Justice Court Registry. The eviction judgment will say how much rent you must pay.
• Eight days after the County Court gets your case: If you have not already filed an Answer, you have eight days from the time the County Court gets your case to do so. The Justice Court should send the County Court your case within 6 to 10 days after the judgment, but there is no way to know exactly how long it will take for the County Court to get it.
• 20 days after the County Court gets your case: If you appeal by bond or cash deposit, you have 20 days to pay the filing fee to the County Court if you don't pay it to the Justice Court when you file your appeal. The County Court is supposed to send you notice that they have gotten your case and payment is due, but do not rely on this. Mail is slow and mistakes happen. It is best to pay the fee promptly to avoid the Count Court dismissing your case.
• First day of every month (or other rental period if different than a month): Pay the court-ordered rent amount to the court registry on time each month. Once the County Court has your case, pay rent into the County Court registry. You should get notice when the case transfer is complete, but you may want to check with the clerk at the County Court to make sure.