Does any Landlord here experience with the Tenant appeal case TX?

Question

UPDATE ; We won eviction case against the tenant, and the judge give 5 days to appeal or move out. The tenant talked to my agent service if we can give him until the end the month of April. Should we give him till the end the month or don't?. My agent suggested not to play hard ball just in case if he appeal, it will be no good situation for us that the court will be give another 30 days hearing process and we have to spend money to hire an attorney for higher court. Would like to hear from anyone who familiar with texas tenant law. Thank you in advance.

Yenlan Patton · Answer

@Ahalyaa M. Thank you for the link, i am reading it right now.

@Greg H. Hi Greg, I've appreciate your knowledge. I am quite learning so far from this BP forum. I am trying to understand why my agent trying suggested to work with him. I want to make sure i am following the procedure and not making mistake. If either way the tenant must pay for appeal, he probably won't appeal since he doesn't have money to pay rent or not willing to pay rent. He probably bluffing to buy out more time.

Yenlan Patton · Answer

@Greg H.  I was searching the information about tenant appeal yesterday, you are absolutely right about delay tactic. My agent had agreed his request for given him more time till the end the month, we decided to work it out with him give him till April 30 as he wanted so he doesn't appeal. Yesterday was the last day if he file appeal yesterday and the court will give him 5 days, so its basically he will gets his time then he can drop the case, it won't cost him anything. And basically we give him 3 days window and We weren't in good situation. But probably think we will file write possession on friday, so it will be execute on monday, that wouldn't be bad idea. I have question, if this tenant pay partial some of his judgement, will his eviction record waive as settlement? Thank you.

Jeff Beard. Thank you for your opinion. We are trying to.

Jeff B. · Answer

Remember, the Writ of Possession is as it's name implies and FAR more important than the $2589.  Get possession asap, cleanup and get it rented to restore your cash-flow.

Greg H. · Answer

Looks like you have a tenant that knows the system !  My guess is they used a Pauper's Affidavit stating that they do not have the funds to pay the bond.  They have 5 days to deposit one months rent to the court which you will eventually receive.

So during the appeal period you will receive rent.  My guess would be that they will not deposit one months rent within the 5 days and then you can immediately file for the Writ of Possession.  In most cases, this is just a delay tactic by those familiar with the system to get an extra 5 days.  I would wait the 5 days before securing a lawyer.  Feel free to reach out to me if I can help

Yenlan Patton · Answer

Its seems my tenant appeal the case, according the law i read, he has to pay the bond or affidavit inability to pay for 1 month rent. Does the court will accept the appeal ? how does works? I am looking for the lawyer to help my case. I am in tarrant county.

Yenlan Patton · Answer

@Bret Allen

Thanks so much for you response, I really appreciate you taking the time.

So the judgement was for a total of $2580.00.  If we offered an written agreement to hold off until May 2 to file a Writ of Possession, on condition that  he pays the Judgement amount to us by Friday April 22.

That would be reasonable. giving him until the end of the month to move out.... and we get our money.

if he chooses not to pay then we execute the writ of possession by Monday April 25th.

Bret Allen · Answer

The appeal is simple for the tenant to request.  It is not like the traditional "appeal" in regular civil litigation case.  The appeal in a Texas eviction is de novo, meaning that your basically redo what you already have done, but now you have to follow evidentiary rules.  The evidence portion is why many people hire an attorney. Also, if you own the property in an LLC then you can't represent the LLC without an attorney.

Until the appeal date has passed your JP court judgment is not worth much.  Working with the tenant gives an investor additional assurance that there will be an end.  It is a business choice that you will need to make.   To me, it sounds like your agent has been burned by an appeal and understands the process.  However, 30 days is a long time for any extension.  I often see agreements to not execute a writ for 10 days or so.

Also, keep in mind that an eviction judgment may become stale.  I would think twice about giving long extensions.

Good luck.  Congrats on the JP Court Judgment.  That is definetly the first step!

Bret

DISCLOSOURE:  Bret is an attorney licensed in CA and TX, but he is not your attorney.  Information posted in this forum is for information purposes only and does not form an attorney-client privilege.  You should seek counsel from your own attorney in your own jurisdiction as each fact scenario is unique.

Greg H. · Answer

I not sure you understand eviction law in Texas.  A Writ of Possession is only used in the event the property is not vacated and the time to appeal has passed.  This is no benefit to filing a Writ involving a property in which possession has been surrendered

Greg H. · Answer

@Yenlan Patton

Personally, I would not.  The 5 days is required by Texas law.  Keep in mind the some JP courts interpret it to be 5 business days and some just 5 days so you are looking at a deadline of next Monday or Tuesday.  At that point I would file the Writ of Possession if they have not vacated.

To file and appeal, the tenant must post a bond for the amount of the judgment(Great thing !) but must attempt to file a Pauper's Affidavit stating that they do not have the resources to do so.  Either way, the tenant must pay rent during the appeal directly to the court.  So while the appeal does not get them out as soon as you would like at least you will collect rent for that period

Ahalyaa M. · Answer

No, do not give any time, they need to move out and if don't, get the writ of possession. Even if they move out, it is good idea to get a writ a possession. Be strong and let them move out as it is highly unlikely they ever appeal as there is more to it. If you don't act, you will have to start all over the eviction process, so just follow the system.

Please read the link;

http://www.texastenant.org/eviction.html

Does any Landlord here experience with the Tenant appeal case TX?

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