How Does The Appeals Process Work In An Eviction Case?
Much of the general public—including tenants and landlords—don’t understand that the eviction process comes from the U.S. Constitution which states that a person cannot be deprived of their rights and property without a fair hearing or due process. For this reason, a tenant does not need to have cause in order to file an appeal. In other words, a tenant can show up to court and admit that they have not paid rent and that the notice to vacate is valid, but they can appeal anyway. Everyone has the right to appeal. The appeal is supposed to be done by a bond, which is supposed to take into account how much rent may be involved during the appeal, but this is rarely the case. Most often, appeals are done via an affidavit and an inability to pay that bond. If the eviction is for non-payment of rent, then the tenant will still have to pay one month’s rent to the court and rent as it becomes due. If a tenant fails to do this, then we can ask the court to give us possession of the property.
The number one thing an attorney can help with is getting a trial set as soon as possible. There are a couple of requirements that are related to this, one of which is to ask the defendant whether a certain date will work for them. In Travis County, jury trials occur every other week, so we can’t do eviction non-jury trials on certain weeks. We take this into consideration in order to coordinate everyone’s schedule and schedule a hearing with as little delay as possible. In Harris County, trials are set by the court and are normally about six weeks from the appeal filing.
In order to appeal, a tenant must have enough money to not only pay the rent that will be coming due, but also to hire an attorney who can help them navigate the process. However, some tenants pursue appeals anyway. In fact, I handled a case that went all the way to the Supreme Court of Texas, where the appeal was denied. The entire process took three years. If a tenant wants to, they have the absolute right to pursue a lengthy appeal process.
For more information on Appeals Process In Eviction Cases In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 829-6100 today.
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