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.
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.
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.
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.
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 novoalong 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.
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 ?