PHAM & CLOVES, PLLC

Eviction Suits – The Devil is Often in the Details

In Texas, residential tenants enjoy certain rights that tenants in other states may not. For example, if a landlord sues to evict a residential tenant, it may take several weeks to get the tenant out of the property and cost the landlord several thousand dollars.

The scenario may unfold thusly: Landlord sues tenant for eviction and possession of the property (forcible entry and detainer) because the tenant is 3 months behind in rent. The tenant is served and a hearing is held (sometimes a week or so after the suit is filed depending on how easy it was to serve the tenant with the suit). The tenant appears at trial and loses. The judge tells the tenant that he must vacate the property within 5 days or the Sheriff or Constable will come over and physically remove him.

The tenant, on the fifth day after judgment, files an appeal and posts the required bond. The case is now sent to a county court at law to be heard “de novo.” A de novo case is heard from the beginning as if it has never been heard before – you start all over. Usually these cases are given preference over other cases on the court’s docket because of the nature of the case. However, sometimes it can be a month or more from the filing of the appeal before the parties can get before the court for the appeal.

Let’s count the time from the original default in rent payment – three months behind at beginning of suit, one month from judgment until trial in the county court = 4 months. The landlord will have been without rent payments for four months until the case can be finally heard.

Texas law does provide for rent payments to be made during the appellate process. However, these payments are made into the court registry and held until final disposition. The landlord must wait to get this money. If the tenant filed a pauper’s affidavit (a statement under oath supported by evidence of his inability to pay the appeal bond) and fails to pay rent during the appeals process, the judge can issue a writ of possession, which would direct a Sheriff or Constable to forcibly remove the tenant from the property.

If you are unsure of the process for a tenant eviction and potential appeal, contact an eviction lawyer at Veritas Legal Group, PC at 713-492-0337 to schedule a consultation. Or, simply fill out our online contact form and an attorney will contact usually within 24 hours to discuss your case.