Tenant bringing me to civil court - Texas

Tenant bringing me to civil court - Texas

Bedford, TX · Member since 2016 · 79 posts · 24 votes

Hi all,

I have a tenant who has not paid for the 2nd month. I started the eviction process and they did not show up at the initial hearing. then at their appeal, in JP court, they lost. Now they're appealing the appeal in civil court.

They're claiming they're a pauper and won't need to pay court fees or bond, and are stating the monthly rent they owe is $0.

What are my options?

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Member since 2016 · 13k+ posts · 12k+ votes
8y

Contact the court, or your lawyer, to find out your options regarding the eviction.

See this reply in the discussion

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  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    Contact the court, or your lawyer, to find out your options regarding the eviction.

  • Residential Real Estate Broker · College Station, TX · Member since 2013 · 1k+ posts · 969 votes
    8y

    @George Genovezos. It's my understanding from Texas Rental Code, if tenant appeals, they have to post bond equal to one month's rent that is held in escrow. I'm not sure how the Pauper's Affidavit plays out in this situation.

    Bottomline - if you've dotted your I's and crossed your T's  in this case you'll "win" the suit and get access to your property back. But you'll lose out monetarily, as you have very little chance of collecting anything from the tenant. 

  • Specialist · Fort Collins, CO · Member since 2018 · 557 posts · 191 votes
    8y

    Hi George,

    As long as you outlined information on rent payments in your lease, you should be legally protected.

  • Bedford, TX · Member since 2016 · 79 posts · 24 votes
    8y

    I guess I need to learn how to write an appeal. Under Texas 24.0053

    (d) If the tenant objects to the justice court's ruling under Subsection (c) on the portion of the rent to be paid by the tenant during appeal, the tenant shall be required to pay only the portion claimed by the tenant to be owed by the tenant until the issue is tried de novo along with the case on the merits in county court.  During the pendency of the appeal, either party may file a motion with the county court to reconsider the amount of the rent that must be paid by the tenant into the registry of the court.

    So the tenant states they owe 0 and would not have to put anything in the registry unless I say otherwise.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    8y

    I have had this occur a few times.  The key with the Pauper's affidavit is they have to deposit a full months rent with the court within +-5 days.  I have NEVER had a tenant actually deposit the rent.  After they do not, you can file for the Writ of Possession immediately.  Call the court and ask for the deadline.  Worst case is you get paid rent during the process

  • Bedford, TX · Member since 2016 · 79 posts · 24 votes
    8y

    Thanks Greg,

    I'm with you. but according to 24.0053(d) the tenant can dispute the rent amount and pay that instead. in this case, they're saying the amount they own is $0. so I need to write an appeal to that amount.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    8y

    @George Genovezos

    I am certain that is not the case. The tenant at this point has already lost the case and the only opportunity to appeal is to post a cash bond or Paupers Aff.  They must deposit one months rent with the court within 5 days

    This is in case of eviction for non payment of rent

  • Bedford, TX · Member since 2016 · 79 posts · 24 votes
    8y

    It's possible I'm misreading it but below is the legal text.

    Texas 24.0053(d) If the tenant objects to the justice court's ruling under Subsection (c) on the portion of the rent to be paid by the tenant during appeal, the tenant shall be required to pay only the portion claimed by the tenant to be owed by the tenant until the issue is tried de novo along with the case on the merits in county court.  During the pendency of the appeal, either party may file a motion with the county court to reconsider the amount of the rent that must be paid by the tenant into the registry of the court.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    8y
    Originally posted by @George Genovezos:

    Thanks Greg,

    I'm with you. but according to 24.0053(d) the tenant can dispute the rent amount and pay that instead. in this case, they're saying the amount they own is $0. so I need to write an appeal to that amount.

     You provided a lease to the court or at least an amount when you receive the judgement correct ?  

  • Bedford, TX · Member since 2016 · 79 posts · 24 votes
    8y

    Correct. But this would be a de novo trial going from JP to civil. JP is not recorded even though there is a judgment amount.

  • Greg H.Pro Member
    Moderator
    Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
    8y
    Originally posted by @George Genovezos:

    Correct. But this would be a de novo trial going from JP to civil. JP is not recorded even though there is a judgment amount.

     Did they do a Paupers at the JP Appeal or post a bond ?  

    I will say that I have never even heard of an eviction on a residential property go to civil court

  • Bedford, TX · Member since 2016 · 79 posts · 24 votes
    8y

    Pauper

  • Bedford, TX · Member since 2016 · 79 posts · 24 votes
    8y
    Originally posted by @Greg H.:
    Originally posted by @George Genovezos:

    Correct. But this would be a de novo trial going from JP to civil. JP is not recorded even though there is a judgment amount.

     Did they do a Paupers at the JP Appeal or post a bond ?  

    I will say that I have never even heard of an eviction on a residential property go to civil court

    Yeah, the tenant is a pro. They appealed the JP case within minutes of losing.  and when you appeal JP it goes to Civil.

  • Bedford, TX · Member since 2016 · 79 posts · 24 votes
    8y

    @Greg H.

    Ok. Got a letter from JP court today stating they denied the tenants appeal for $0. :D

    When can I get a writ?

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