Eviction Appeals in Texas: What Landlords Need to Know

You won your eviction case in Justice of the Peace court — but the tenant just filed an appeal. Now what? Understanding the appeals process is crucial because it's a completely different ballgame from the initial hearing.

In Texas, either party has 5 calendar days after the judgment to file an appeal. When an appeal is filed, the case moves to County Court for what's called a 'de novo' trial — essentially a fresh hearing where neither side gets credit for what happened at the JP court level.

The tenant may be required to post an appeal bond, which is typically the amount of rent from the date of the judgment through the estimated appeal period. Alternatively, the court may require the tenant to pay rent into the court registry during the appeal.

If the tenant files a pauper's affidavit (claiming inability to pay the bond), the landlord can contest it. The court will then hold a hearing to determine whether the tenant truly cannot afford the bond.

De novo trials in County Court are more formal proceedings. Evidence rules are stricter, and having professional representation becomes significantly more important. The same issues are re-tried, and the County Court judge makes an independent determination.

Appeals can add 1–3 months to the eviction timeline. However, if the tenant fails to pay rent into the court registry as ordered, you can file a motion to have the appeal dismissed.

NTX Eviction handles appeals at the County Court level, providing the professional representation needed through our eviction appeal services. Call us at 214-206-4229 for a free consultation.