This legal research guide provides information about landlord and tenant law that is helpful to both the practitioner and the public looking for legal information.
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If the judge ruled against you in the initial eviction suit in justice court, you have the opportunity to appeal. This page provides information on the eviction appeal process. Because the appeal can be more complicated than the initial trial, it may be necessary to talk to an attorney for advice.
After the judgment is issued in the trial for the original eviction hearing, all parties have 5 days within the signing of the judgment to appeal. During this time, the court cannot issue a writ of possession to have the tenant's property removed.
The appeal is "perfected" when the appellant (person who is appealing the judgment) has filed one of the following with the justice court:
Once the appeal has been perfected, the appellant must serve the other parties with notice of the appeal. The notice can be served in person, by mail or courier, by fax, by email, or another manner directed by the court.
Upon perfection of the appeal, the justice court will send all relevant documentation and money in the court registry to the county court for a "trial de novo." Unless you filed the Statement of Inability to Afford Payment of Court Costs, the county clerk will then notify you that you must pay court costs for the trial de novo.
This Rule governing practice in justice court lists acceptable methods of serving the other parties with notice of appeal.
This Rule governing general practice in justice courts concerns the appeal process, including the amount of bond, notice of appeal, and how an appeal is perfected.
This Rule specifically governing eviction suits in justice courts outlines how a judgment can be appealed.
This section states that the judgment in an eviction suit for nonpayment of rent will state how much an appeal bond is to be for.
One option for perfecting the appeal of your eviction suit is to file an appeal bond. This form is adaptable for justice courts in all counties in Texas, though it is advisable to consult with an attorney before filing.
If you cannot find a surety for your appeal bond, you can submit this form and pay cash into the court registry.
If you cannot afford the court fees for your appeal, you can ask the court to waive them. You will need all forms listed in "Option 3" of this section.
Section 46.130 contains a form for an appeal bond for a justice court. This electronic copy can only be checked out from home by government employees, but librarians may be able to provide a short excerpt to library patrons upon request.
This flowchart, created by the Travis County Law Library, shows the specific steps you must take when appealing an eviction.
This page from TexasLawHelp.org and Texas Grande Legal Aid provides an excellent overview of what you need to do as part of the appeal of your eviction suit.
This self-paced training course from the Texas Justice Court Training Center describes each step of the eviction appeal process in detail. It contains links to forms and resources for those representing themselves.
A trial "de novo" is one that is being held as though the initial trial that was appealed never happened. Most appeals only allow appellate courts to rule on procedural errors. They do not reconsider the evidence. A trial de novo in a county court allows all evidence from the justice court trial to be heard by a new court.
The county court will receive a certified copy of the docket entries, a certified copy of the the bill of costs, the original papers in the case, plus any money in the court registry from the justice court. At this point the county clerk must notify all parties and request a written answer if one was not filed in the justice court. The answer must be received within 8 days.
Texas law gives you the right to request a court appointed attorney if you were in "possession of the residence" at the time the original suit was filed and the appeal has been perfected correctly. The county court is not required to grant this request, but some counties with pro bono attorneys available may. Ask your county clerk for more information about a court appointed attorney.
If an eviction case is appealed in a county court or a county court at law, an indigent party may be able to ask the court to appoint them a pro bono attorney during the appeal. The court may appoint counsel from a list of available pro bono attorneys registered to take such cases pro bono.
This form from the Texas Tenant Advisor can be used to answer the initial proceedings in justice court or the trial de novo in county court. (Available through the Internet Archive.)
This overview from the Travis County Law Library helps patrons understand what will happen in the course of their eviction appeal.
While your appeal is pending, you may remain in the rental unit but you still must pay rent.
If you are appealing an eviction suit for nonpayment of rent and have filed a Statement of Inability to Pay Court Costs, the Texas Rules of Civil Procedure require you to deposit the rent you owe with the justice court's registry. They are required to give you written notice that outlines how and when the rent must be deposited.
Section (c)(5) of this Rule regarding appeals in eviction suits requires the tenant to continue paying rent during the appeal of an eviction suit for nonpayment of rent.
This section has similar provisions requiring the payment of rent during an appeal as the Texas Rules of Civil Procedure.
This section lists the possible consequences for a tenant who does not pay rent during the appeal of their eviction for nonpayment of rent.
If you are dissatisfied with the outcome of your de novo trial in county court, you can appeal further by filing a supersedeas bond with the county court. It must be filed within 10 days of the judgment in the amount set by the court.
This procedure is more complicated than the initial trial and appeal. It is strongly recommended that you consult with an attorney for assistance.
