Rule 509.8.Appeal: Time and Manner; Perfection; Effect; Costs; Trial on Appeal
Last verified June 28, 2026
In one sentenceRule 509.8 lets either party appeal a repair-and-remedy decision to the county court without an appeal bond, perfected by a timely notice of appeal, stays any repair or rent-reduction order, and entitles the parties to a trial de novo.
(a)Time and Manner. Either party may appeal the decision of the justice court to a statutory county court or, if there is no statutory county court with jurisdiction, a county court or district court with jurisdiction by filing a written notice of appeal with the justice court within 21 days after the date the judge signs the judgment. If the judgment is amended in any respect, any party has the right to appeal within 21 days after the date the judge signs the new judgment, in the same manner set out in this rule.
(b)Perfection. The posting of an appeal bond is not required for an appeal under this rule, and the appeal is considered perfected with the filing of a notice of appeal. Otherwise, the appeal is in the manner provided by law for appeal from a justice court.
(c)Effect. The timely filing of a notice of appeal stays the enforcement of any order to repair or remedy a condition or reduce the tenant’s rent, as well as any other actions.
(d)Costs. The appellant must pay the costs on appeal to a county court in accordance with Rule 143a.
(e)Trial on Appeal. On appeal, the parties are entitled to a trial de novo. A trial de novo is a new trial in which the entire case is presented as if there had been no previous trial. Either party is entitled to trial by jury on timely request and payment of a fee, if required. An appeal of a judgment of a justice court under these rules takes precedence in the county court and may be held at any time after the eighth day after the date the transcript is filed in the county court.
End
Plain-English Summary
Rule 509.8 covers appeals in repair cases. Either party may appeal the justice court's decision to a statutory county court — or, if none has jurisdiction, to a county court or district court that does. No appeal bond is required; the appeal is perfected by filing a timely notice of appeal. A timely notice stays the enforcement of any order to repair or remedy a condition or reduce rent. The appellant pays costs under Rule 143a, and on appeal the parties are entitled to a trial de novo — a new trial of the entire case.
Frequently Asked Questions
Do you need a bond to appeal a repair and remedy case in Texas?
No. Rule 509.8 requires no appeal bond; a timely notice of appeal perfects the appeal and stays any repair or rent-reduction order.
Can a tenant get a jury trial on appeal in a repair and remedy case?
Yes. Rule 509.8(e) entitles either party to a jury trial on timely request and payment of a fee, if required.
How soon can a repair and remedy appeal be heard in county court?
It takes precedence and may be heard any time after the eighth day after the transcript is filed in the county court (Rule 509.8(e)).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 509.8), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:repair and remedy appealno bond appealtrial de novo repair caseTRCP 509.8