United States · property

How to Appeal an Eviction Judgment in Texas

If a Texas Justice of the Peace rules against you in an eviction suit, you do not have to move out immediately. Texas law gives you a strict five-day window to appeal the judgment to the county court for a completely new trial. Taking swift, deliberate action preserves your tenancy and forces your landlord to prove their case all over again.

The 5-Day Window Under Texas Eviction Law

In Texas, eviction lawsuits originate in the Justice of the Peace (JP) court. Under Rule 510.9 of the Texas Rules of Civil Procedure, you have exactly five calendar days from the date the justice court judge signs the eviction judgment to file your appeal. If the fifth day falls on a weekend or a legal court holiday, the deadline rolls over to the next business day at 5:00 PM (or the court's official closing time).

Missing this five-day deadline is fatal to your defense. If you do not appeal within this window, the justice court judgment becomes final, and your landlord can immediately request a writ of possession under Texas Property Code § 24.0061 to have law enforcement forcibly remove you and your belongings.

How to Perfect Your Appeal and Stop Immediate Removal

To appeal, you must file one of three items with the justice court clerk: an appeal bond approved by the judge, a cash deposit set by the court, or a Statement of Inability to Afford Payment of Court Costs (governed by Texas Rule of Civil Procedure 145). The Statement of Inability allows low-income tenants who cannot afford a bond or filing fees to appeal without paying upfront court costs.

Filing the appeal alone does not always guarantee you can remain in your rental unit during the appeal. Under Texas Property Code § 24.0053, if you appeal using a Statement of Inability, you must pay one rental pay period's rent into the justice court registry within five calendar days of filing the statement. You must then continue paying rent into the county court registry each rental period as it falls due. If you fail to make this registry payment on time, the court can issue a writ of possession without a hearing, allowing the landlord to lock you out even while the appeal remains pending.

What Happens in County Court and How to Prepare

An appeal from a Texas JP court is heard 'de novo' under Texas Rule of Civil Procedure 510.10. This means the county court at law completely wipes the slate clean and conducts a brand new trial; the judge will not simply review whether the JP judge made an error. You have the right to present new testimony, subpoena witnesses, submit lease receipts, and demand strict proof of proper statutory notice to vacate under Texas Property Code § 24.005.

Because landlord attorneys move aggressively once a case reaches county court, you must stay organized and track every docket notice. You can use Caunsel to research relevant Texas Property Code statutes, store your notices and payment receipts securely in a case file, or connect directly with an independent Texas attorney to represent you at your trial de novo. Please note that Caunsel is not a law firm, cannot give legal advice, and will not file court pleadings on your behalf.

Steps

• Obtain the signed eviction judgment immediately from the Justice of the Peace court clerk and calculate your five-calendar-day appeal deadline.
• File your appeal paperwork—an Appeal Bond, Cash Deposit, or completed Statement of Inability to Afford Payment of Court Costs—with the Justice Court within the 5-day window.
• Pay one month's rent into the Justice Court registry within five calendar days of filing a Statement of Inability to block the landlord from securing an immediate writ of possession.
• Serve a copy of your filed appeal documents on your landlord or the landlord's attorney via certified mail, hand delivery, or official electronic filing.
• Monitor county court notifications, file a written answer in county court if you did not file one in justice court, and pay ongoing monthly rent into the county court registry on or before the due date.

Common mistakes

• Waiting for business days to pass: The five-day appeal deadline in Texas counts calendar days, including weekends and holidays (unless the final day falls on a weekend or closed court day).
• Failing to pay rent into the court registry: Submitting the appeal documents without paying the required rent into the registry allows the landlord to obtain an immediate writ of possession.
• Assuming the county court already has your evidence: A trial de novo starts from scratch; documents and photos submitted in the JP court do not automatically carry over as evidence.
• Failing to file a written answer: If you only appeared orally in JP court, you must file a written answer in county court to prevent an automatic default judgment.

Questions people ask

How long do I have to appeal an eviction in Texas?

You have exactly five calendar days from the date the Justice of the Peace signs the judgment for possession to file your appeal under Texas Rule of Civil Procedure 510.9.

Can I appeal an eviction in Texas if I cannot afford the appeal bond?

Yes. Under Texas Rule of Civil Procedure 145 and Rule 510.9(c), you can file a Statement of Inability to Afford Payment of Court Costs. However, you must still pay one rental period's rent into the justice court registry within five days to prevent a writ of possession.

What does a trial de novo mean in a Texas eviction appeal?

A trial de novo means the county court completely retries the case as if the justice court trial never happened. Both sides must reintroduce all exhibits, witnesses, and legal arguments.

General information only, last updated 2026-11-08. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United States.