Appealing a Texas eviction: five days, and the rent you have to keep paying

An eviction appeal in Texas isn't review of what the justice court did. Rule 510.20(c) makes it a trial de novo in the county court — "a new trial in which the entire case is presented as if there had been no previous trial."

Getting there runs on two five-day deadlines that start on different days.

No motion for new trial

Rule 510.18(l): "No motion for new trial may be filed."

In a district court case, a motion for new trial buys thirty days and can extend the trial court's power for months. In a justice court eviction, that door doesn't exist. Appeal is the remedy.

Rule 510.24(a) confirms it from the court's side: a justice court loses plenary power to modify or vacate a judgment on the earlier of the date an appeal is perfected or the day after the appeal deadline passes.

Deadline one: five days to perfect

Rule 510.19(a): a party may appeal by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court within 5 days after the judgment is signed.

Rule 510.4 governs the count — every day, including weekends and holidays, with the last day extended if it's a Saturday, Sunday, state or federal holiday, or a day the court is closed.

A defendant who appeals must affirm, under penalty of perjury, a good faith belief that they have a meritorious defense and that the appeal isn't for delay. Rule 510.19(a) adds that the affirmation "is not reviewable by the justice court."

The appeal is perfected when the bond, deposit or Statement is timely filed. The justice court judge sets the bond or deposit amount, taking into account the items in Rule 510.21 and the money required to be paid into the registry in a residential appeal.

Rule 510.18(c) requires the judgment itself to say this out loud:

"You may appeal this judgment by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs within 5 days after this judgment was signed."

If you can't afford it. A party who can't furnish a bond or pay the deposit may file a Statement of Inability instead. A party who perfects an appeal that way doesn't have to pay the county court filing fee or file a second Statement in the county court. The Statement may be contested under Rule 510.7 within 5 days after the opposing party gets notice it was filed. If a contest is sustained, the appellant has 5 days to appeal that ruling to the county court, which must hear it de novo within 5 days. If the appellant doesn't appeal the ruling, or loses, they have one business day to post a bond or cash deposit.

Deadline two: rent into the registry

This is the deadline that ends more appeals than the first one.

Rule 510.19(d) lets a defendant who appeals a residential eviction stay in possession during the appeal — by paying. Two obligations:

The initial payment. Within 5 days of the date the appeal is filed, the defendant must pay into the justice court registry the amount stated in the notice the court gives at filing.

Every rental pay period after that. On or before the beginning of each rental pay period during the appeal, the defendant must pay the rent amount into the registry — justice court or county court, depending on where the case is pending at the time.

Note where the second five days starts: the day the appeal was filed, not the day judgment was signed. Appeal on day 5 and the first rent payment is due on day 10.

The amount isn't guesswork. Rule 510.18(f) requires the justice court, when it enters judgment for a landlord in a residential eviction, to determine the rent to be paid each rental pay period during any appeal, in accordance with the rental agreement and applicable law, and to note that amount in the judgment. With no oral or written rental agreement, the court determines the pay period and an amount that is the greater of $250 or the fair market rent if the court determines it.

The notice. Rule 510.19(d)(1) requires the justice court to hand the defendant a written notice at the time the appeal is filed, in bold or conspicuous type, stating: the initial rent amount; whether it must be cash, cashier's check or money order, and payable to whom; the calendar date the initial payment is due, which must be within 5 days of filing the appeal; the closing time for a court that closes before 5 p.m. that day; the ongoing per-period obligation and its calendar dates; and a statement that failure to pay by the required dates "may result in the court issuing a writ of possession without hearing."

That last clause is the consequence, and Rule 510.19(d)(2)(E) states it as a rule: if the defendant fails to pay the designated amount on time and the justice court gave the required notice, the plaintiff may request a writ of possession from the court where the case is pending, and on determining the payment wasn't made, the court shall issue the writ without a hearing.

Two more points. If a government agency is responsible for all or part of the rent, the defendant pays only the portion the justice court determines. Either party may contest the portion the court sets by filing a contest within 5 days after the judgment is signed, and the court must notify the parties and hold a hearing within 5 days.

The landlord doesn't have to wait for the appeal to end. The court disburses registry rent to the landlord on request at any time during or after the appeal. And a defendant's payment into the registry relieves them of the obligation to pay the landlord for that period.

What the appeal stops

Rule 510.18(h)(3): a writ of possession must not issue if an appeal is perfected and, where applicable, rent is paid into the registry. Rule 510.9(d) says the same for a case where the landlord filed a possession bond.

Absent an appeal, Rule 510.18(h)(2) sets the earliest a writ may issue: the 6th day after the judgment for possession is signed, or the day after the defendant's appeal deadline, whichever is later. A writ may not issue more than 60 days after judgment — 90 for good cause — and may not be executed after the 90th day.

Rule 510.20(a) requires the justice court, once an appeal is perfected, to stay all further proceedings on the judgment.

Notice to the other side

Rule 510.19(e): if a Statement of Inability is filed, the court must notify all other parties no later than the next business day. If the appeal was perfected with a bond or cash deposit, the appellant must serve written notice of the appeal on all other parties within 5 days of filing it, by a method approved under Rule 501.5.

Moving the case up

Rule 510.20(a): the justice court forwards the transcript, original papers and any registry money to the county court not earlier than 4 p.m. on the sixth day and not later than 4 p.m. on the 10th day after the tenant files the appeal. If the court confirms the tenant timely paid the initial rent into the registry, it may forward everything immediately.

The county clerk dockets the case and immediately notifies the parties of the date the transcript was received and the docket number. If the appeal wasn't perfected with a Statement of Inability, the clerk also notifies the appellant of the filing fee. Rule 510.19(g): if the appellant doesn't pay that fee within 7 days after being notified, the appeal is not perfected — the clerk returns the papers to the justice court, and the justice court proceeds as though no appeal had been attempted.

Rule 510.20(c): the county court must hold trial no later than the 21st day after the transcript and papers are delivered. The trial, and any hearings and motions, take precedence in the county court.

Two protections for imperfect appeals

Rule 510.19(f): no judgment may be taken by default against the adverse party in the county court without first showing substantial compliance with Rule 510.19.

Rule 510.19(f) also provides that an appeal must not be dismissed for defects or irregularities in procedure, of form or substance, without giving the appellant 7 days' notice from the court and the opportunity to correct the defect.

What's at stake in the county court

Rule 510.21: at the county court trial, either party may plead, prove and recover damages suffered for withholding or defending possession during the appeal — including loss of rentals during the appeal and attorney fees in both the justice and county courts, if the requirements of section 24.006 of the Property Code are met. Only the prevailing party in the county court may recover damages, plus court costs, and may recover against the sureties on the appeal bond.

Rule 510.20(d) allows an owner of multifamily residential property to be represented on appeal by an authorized agent who isn't an attorney, in a nonpayment-of-rent eviction.

After the county court

Rule 510.23: the county clerk issues the writ of possession or execution according to the judgment, and a sheriff or constable executes it as in other cases. The county court's judgment may not be stayed unless the appellant files a supersedeas bond within 10 days of the judgment, in an amount set by the county court under Rule 510.22.

Rule 510.22 requires that judgment to set the supersedeas amount, taking into account the value of rents likely to accrue during appeal, damages that may result from the stay, and other amounts the court deems appropriate.

Where these rules live

• Rule 510.4 — Computation of Time
• Rule 510.7 — Inability to Afford Fees
• Rule 510.18 — Judgment; Writ; No New Trial
• Rule 510.19 — Appeal
• Rule 510.20 — Record on Appeal; Docketing; Trial De Novo
• Rule 510.21 — Damages on Appeal
• Rule 510.22 — Judgment on Appeal
• Rule 510.23 — Writ of Possession on Appeal
• Rule 510.24 — Administrative Rules for Judges and Court Personnel

For forms and step-by-step help, the Texas courts point to TexasLawHelp.org. This page explains what the rules say. It isn't legal advice.