Landlords who prevail in eviction cases filed in Justice Courts often have short-lived celebrations. With increasing frequency, tenants are filing eviction appeals to the County Courts. These appeals frequently serve as attempts to delay the tenant’s inevitable loss of possession. However, even where the most frivolous of appeals are concerned, Landlords can find themselves lost in the web of the County Court and its procedures.
The following are 5 questions that Landlords facing eviction appeals ask most frequently:
1. Has the Tenant Actually “Perfected” the Appeal?
The simple act of filing a “Notice of Appeal” with the Justice Court doesn’t “perfect” a Tenant’s appeal, or ensure that any appeal will be considered by the County Court. In addition to timely filing the “Notice of Appeal,” the tenant is also obligated to do the following in order to ensure that an appeal is considered:
- post a cash or signature bond with the Justice Court;
- obtain approval of the bond by the Justice Court; and
- pay a filing/docketing fee of $242.00 to the County Clerk
Alternately, an appealing Tenant may file an Affidavit of Inability to Pay (“Pauper’s Affidavit”). This Pauper’s Affidavit is also subject to approval by the Justice Court.
The items described above are jurisdictional, and the failure of the appealing tenant to make required payments or obtain pauper’s status result in the appeal being dismissed without the County Court even considering the merits of the eviction suit. See Texas Rule of Civil Procedure 510.9(f).
2. Who Schedules the Trial of an Eviction Appeal?
In Justice Court trial dates are automatically set by the court clerk at the time suit is filed. By contrast, the County Court will not automatically schedule a trial date on an eviction appeal or any civil case.
In County Court, the clerk cannot set a trial without the Judge’s permission. County Court trials will be scheduled only when a party specifically (and in writing) requests a trial date and obtains a signed Order of the Court setting the trial date.
Since appealing Tenants usually have little incentive to move the case forward, the Landlord (or the Landlord’s attorney) usually obtains the trial setting.
3. How Soon Can an Eviction Appeal Be Set for Trial?
An eviction case appealed to county court will be subject to trial at any time after the expiration of 8 days after the date the transcript is filed in the county court. However, the civil County Courts in Bexar County hear non-jury cases only on Thursdays and Fridays. This makes conducting the trial on the 9th day unlikely. See Texas Rule of Civil Procedure 510.12.
4. How Much Deference Does the County Court Give to the Justice Court’s Judgment Rendered in the Original Eviction Trial?
NONE. The case must be tried de novo in the county court. A trial de novo is a new trial in which the entire case is presented as if there had been no previous trial. See Texas Rule of Civil Procedure 510.10(c).
5. What Types of Damages May Be Awarded to Landlord in an Eviction Appeal?
On the trial of the case in the county court the landlord or tenant will be permitted to plead, prove and recover his damages, if any, suffered for withholding or defending possession of the premises during the pendency of the appeal. Damages may include but are not limited to loss of rentals during the pendency of the appeal and attorney fees in the justice and county courts. Only the party prevailing in the county court will be entitled to recover damages against the adverse party. The prevailing party will also be entitled to recover court costs and to recover against the sureties on the appeal bond in cases where the adverse party has executed an appeal bond. See Texas Rule of Civil Procedure 510.12.
