Texas Property Code 24.0054 – Tenant’s Failure to Pay Rent During Appeal
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(a) During an appeal of an eviction case for nonpayment of rent, the justice court on request shall immediately issue a writ of possession, without hearing, if:
(1) a tenant fails to pay the initial rent deposit into the justice court registry within five days of the date the tenant filed a pauper’s affidavit as required by Rule 749b(1), Texas Rules of Civil Procedure, and § 24.0053;
(2) the justice court has provided the written notice required by § 24.0053(a-1); and
(3) the justice court has not yet forwarded the transcript and original papers to the county court as provided by Subsection (a-2).
(a-1) The sheriff or constable shall execute a writ of possession under Subsection (a) in accordance with Sections 24.0061(d) through (h). The landlord shall bear the costs of issuing and executing the writ of possession.
Terms Used In Texas Property Code 24.0054
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Rule: includes regulation. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(a-2) The justice court shall forward the transcript and original papers in an appeal of an eviction case to the county court but may not forward the transcript and original papers before the sixth day after the date the tenant files a pauper’s affidavit, except that, if the court confirms that the tenant has timely paid the initial deposit of rent into the justice court registry in accordance with § 24.0053, the court may forward the transcript and original papers immediately. If the tenant has not timely paid the initial deposit into the justice court registry, the justice court on request shall issue a writ of possession notwithstanding the fact that the tenant has perfected an appeal by filing a pauper’s affidavit that has been approved by the court. The justice court shall forward the transcript and original papers in the case to the county court for trial de novo, notwithstanding the fact that a writ of possession under this section has already been issued.
(a-3) Notwithstanding Subsections (a) and (a-2), the justice court may not issue a writ of possession if the tenant has timely deposited the tenant’s portion of the rent claimed by the tenant under § 24.0053(d).
(a-4) During an appeal of an eviction case for nonpayment of rent, if a tenant fails to pay rent into the justice court or county court registry as the rent becomes due under the rental agreement in accordance with the Texas Rules of Civil Procedure and § 24.0053, the landlord may file with the county court a sworn motion that the tenant failed to pay rent as required. The landlord shall notify the tenant of the motion and the hearing date.
(b) If the county court finds that the tenant has not complied with the payment requirements of the Texas Rules of Civil Procedure and § 24.0053, the county court shall immediately issue a writ of possession unless on or before the day of the hearing the tenant pays into the court registry:
(1) all rent not paid in accordance with the Texas Rules of Civil Procedure and § 24.0053; and
(2) the landlord’s reasonable attorney’s fees, if any, in filing the motion.
(c) If the court finds that a tenant has failed to timely pay the rent into the court registry on more than one occasion:
(1) the tenant is not entitled to stay the issuance of the writ by paying the rent and the landlord’s reasonable attorney’s fees, if any; and
(2) the county court shall immediately issue a writ of possession.
(d) A writ of possession issued under Subsection (c) may not be executed before the sixth day after the date the writ is issued.
(e) In a motion or hearing under Subsection (a-4), or in a motion to dismiss an appeal of an eviction case in county court, the parties may represent themselves or be represented by their authorized agents, who need not be attorneys.
(f) During the appeal of an eviction case, if a government agency is responsible for payment of a portion of the rent and does not pay that portion to the landlord or into the justice court or county court registry, the landlord may file a motion with the county court requesting that the tenant be required to pay into the county court registry, as a condition of remaining in possession, the full amount of each rental period’s rent, as it becomes due under the rental agreement. After notice and hearing, the court shall grant the motion if the landlord proves by credible evidence that:
(1) a portion of the rent is owed by a government agency;
(2) the portion of the rent owed by the government agency is unpaid;
(3) the landlord did not cause wholly or partly the agency to cease making the payments;
(4) the landlord did not cause wholly or partly the agency to pay the wrong amount; and
(5) the landlord is not able to take reasonable action that will cause the agency to resume making the payments of its portion of the total rent due under the rental agreement.