ayment of Rent During Appeal
If a tenant timely files a Pauper’s Affidavit to appeal an eviction for nonpayment of rent, the court will give the tenant a written notice at the time the Pauper’s Affidavit is filed that notifies the tenant: (1) of the amount of the initial deposit of rent that the tenant must pay into the justice court registry; (2) whether the initial deposit of rent must be paid in cash, cashier’s check, or money order, and to whom the cashier’s check or money order must be made payable; (3) the calendar date and if applicable, the time by which the initial deposit must be paid; and, (4) a statement that failure to pay the required amount into the justice court registry by the date and time specified may result in the court issuing a writ of possession without hearing. The date by which the initial deposit must be paid into the justice court registry must be within five (5) days of the date the tenant files the Pauper’s Affidavit. The tenant must continue to pay the rent into the County Court registry as it becomes due during the pendency of the appeal. See TEX. PROP. CODE § 24.0053.
Tenant’s Failure to Pay Rent During Appeal of Eviction Case Based on Non-Payment of Rent
This appellate system may appear unfair to the landlord; however, if the Pauper’s Affidavit is permitted, the tenant is then obliged to begin making monthly rental payments to the County Court and continue to do so during the pendency of the case. Effective January 1, 2012, during an appeal by Pauper’s Affidavit of an eviction case for nonpayment of rent, the Justice Court, on request, without hearing, must immediately issue a writ of possession if: (1) the tenant fails to pay the initial rent deposit into the justice court registry within 5 days of the date the tenant filed a Pauper’s Affidavit; (2) the court gave the tenant the written notice containing the amount of the initial deposit, the form of payment of the deposit, the date and time within 5 days of the date of filing the Pauper’s Affidavit by which the initial rent was to be paid, and the warning that a failure to pay the initial deposit might result in the issuance of a writ of possession without hearing; and, (3) the court has not yet forwarded the transcript to the County Court. This provision gives landlords an effective, “automatic-style remedy” at the Justice Court level without having to wait until the entire eviction file is transferred to the county clerk’s office and a new case is set up.
If during the appeal, the tenant fails to pay rent as the rent becomes due into the County Court’s registry, the County Court will immediately issue a writ of possession unless on or before the day of the hearing the tenant pays into the court registry all of the unpaid rent due during the appeal, and the landlord’s reasonable attorney’s fees. If the tenant has failed timely to pay rent into the County Court registry on more than one occasion, the tenant is not entitled to stay the issuance of the writ of possession by paying the rent and attorney’s fees, and the County Court will immediately issue the writ of possession. See TEX. PROP. CODE § 24.0054.
So here you appear and ask for write of possession and judgment for all the rent you are owed here, calculate that so you have a page to submit to the judge here.
I appreciate the chance to help you today.I wish you the best here.