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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111549
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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What is the bond when they take the case to the 5th court of appeals in TX? My

Customer Question

what is the bond for tenant when they take the case to the 5th court of appeals in TX?
My tenant got stroke, her son moved in my property without my agreement for last 3 months and pay no rent. I filed for eviction. He appealed at JP court and now he appealed at the district court to take the case to 5th district court. He signed for the surety bond at the JP court, didn't pay any money to the bond. District judge ruled the case to me (landlord). His name was not in the lease at all. Now he filed for motion of rehearing. what is the minimum bond for 5th court of appeals.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The bond that the court would set for an appeal in Texas is set by the judge and generally 2-3 times the original judgment. The bond must be signed by the tenant and two others who have real estate in Texas (that no one lives on) or other sufficient assets to pay the bond. The judge must approve the appeal bond. The tenant can also deposit cash with the court in the place of the bond.
Customer: replied 1 year ago.
He and two others signed for the surety bond at JP court with the amount of two months rent in order to take the case to district court. The judge at district court didn't make him to pay for the bond because he is not in the lease. Is he allow to take the case to the 5th court of appeals?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If the judge agrees the bond was sufficient, then that is the judge's discretion and he can take the case to an appeal. If there is a signed bond, that is all that is required.
Customer: replied 1 year ago.
When does he has to pay for that bond? He didn't show up at the district hearing and now he wants to take the case to he 5th district
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If he loses the case, you would be entitled to collect from him or from the bond. If he does not pay, the others who signed the bond are liable to pay the money.
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
can you please show me the rule on how many days that county court judge should give tenant for them to move out or pursue an appeal? I need the document
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
There is no "rule" for how many days a judge has to give a tenant to move out. The amount of days the judge gives the tenant to move out is solely at the judge's discretion.
As far as appeals see Texas Code Sec. 51.013. TIME FOR TAKING WRIT OF ERROR TO COURT OF APPEALS. In a case in which a writ of error to the court of appeals is allowed, the writ of error may be taken at any time within six months after the date the final judgment is rendered.
Customer: replied 1 year ago.
how can I take the property back?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If the court has granted a stay pending appeal, you cannot take the property back until the appeal is completed. If no stay pending appeal is issued, all you can do is ask the court to issue an order to enforce the eviction and if the court does so then it is given to the sheriff and they will forcibly remove the person.

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