Dealing with an eviction judgment can be stressful — but understanding your rights under Texas law can make all the difference. It may feel like a final blow, but in Texas, it’s not always the end of the story. You have the right to fight back.

If a Justice Court rules against you, you have a crucial, time-sensitive opportunity to appeal. This process moves your case to the County Court for a brand-new trial, giving you a second chance to present your case and protect your rights as a tenant.

Understanding Your Right to Appeal an Eviction

Receiving an eviction judgment from a Justice of the Peace (JP) court is intimidating, but it is not a final verdict. Texas law provides a clear path for you to challenge that decision and seek a different outcome.

The appeal process isn't just a review of what happened in the first hearing. It is a “trial de novo,” a legal term that means you get a complete do-over in a higher court—the County Court at Law.

Think of it as hitting the reset button. The new judge will hear the entire case from scratch, as if the first trial never occurred. This gives you the chance to bring new evidence, call different witnesses, and make stronger arguments to build a solid defense with the help of an experienced Texas landlord tenant lawyer.

Why an Appeal Can Be a Powerful Tool

Just knowing you have the right to appeal is the first step in protecting yourself. But you must act fast.

The process is governed by strict rules, and the most important one is the deadline. You have just five days from the date the judgment is signed to file your appeal. If you miss this window, the door to a second chance closes for good.

This opportunity is a critical safeguard for tenant rights. It ensures that one decision, often made quickly in a less formal JP court, isn't the final word. Many tenants who lose at the JP court level go on to win their cases in County Court, which shows why it’s so important not to give up.

The eviction landscape in Texas can be challenging. For example, landlords in Houston filed 6,536 eviction cases in February 2025 alone—a 53% increase compared to pre-pandemic averages. This trend highlights why understanding your appeal rights is more critical than ever.

An appeal does one very important thing immediately: it pauses the eviction. Once you file the paperwork correctly, the JP court is blocked from issuing a Writ of Possession. That’s the final order that allows a constable to remove you. This pause gives you vital time to prepare for your new trial.

As you consider your options, make sure you have a firm grasp of your fundamental protections. Our guide on the Texas Property Code and tenant rights offers a deeper look into the laws that can support your case. Walking into this process with a clear understanding of the rules gives you the best shot at a positive outcome.

Texas Eviction Appeal Key Deadlines and Requirements

To help you keep track of the fast-moving appeal timeline, here’s a summary of the most critical steps. Getting these right is essential to preserving your right to a new trial.

This table covers the non-negotiable first steps. Missing any of these deadlines can get your appeal dismissed before it even begins.

The Critical First Step: How to File Your Appeal

The moment a Justice of the Peace (JP) court rules against you, a five-day clock starts ticking.

This count includes weekends and holidays, so if a judgment comes down on a Wednesday, your absolute deadline to act is the following Monday. Understanding how to appeal an eviction starts with respecting this extremely short timeframe.

Your first move is to file a Notice of Appeal with the same JP court that issued the eviction order. It’s a straightforward document stating your intent to appeal, but it's only one piece of the puzzle. You also must meet the court's financial requirements to get your appeal off the ground.

Meeting the Financial Requirements

To pause the eviction and get your case in front of a County Court judge, you must provide a form of financial security. Texas law gives you three options, each designed for different financial situations.

• Cash Bond: You can deposit a specific amount of money, set by the judge, directly with the court.
• Surety Bond: This involves working with a company that agrees to pay the bond for you if you lose the appeal. You will usually pay a fee to the surety company for this service.
• Statement of Inability to Afford Payment of Court Costs: Also known as a Pauper's Affidavit, this is a sworn statement for tenants who cannot afford the bond.

This infographic breaks down the initial decision you face after an eviction judgment.

As you can see, an eviction judgment isn't the end of the road. An appeal gives you a completely new trial—a fresh start.

Qualifying for a Pauper's Affidavit

Filing a Pauper's Affidavit is a common path for many tenants. To qualify, you will need to show that you receive certain government benefits or that your household income is below specific poverty guidelines.

But here’s a critical detail many tenants miss: this does not mean you pay nothing.

Under Texas Property Code § 24.0053, even if your affidavit is approved, you are almost always required to pay one month's rent into the court's registry. This payment must be made within five days of filing your appeal to stay in the property while the case is pending.

Missing these initial deadlines or financial obligations is one of the quickest ways to get an appeal dismissed. This is especially a risk for vulnerable groups—the eviction landscape in 2025 is hitting senior renters particularly hard. Many live on fixed incomes and are unaware of the strict procedures required to appeal an eviction in time. Recent news reports have shed light on the challenges they face. An experienced eviction attorney can guide you through these make-or-break first steps, ensuring your paperwork is filed correctly and on time.

Navigating County Court: Your New Trial

Once you have properly filed your appeal, your eviction case gets a fresh start in a new venue—the County Court at Law. This is where the concept of a "trial de novo" becomes your most powerful tool.

This means you get a complete do-over. The trial in the Justice of the Peace (JP) court is treated as if it never happened.

This second chance is incredibly valuable. Any mistakes or unfavorable rulings from the first hearing are wiped clean. You can bring in new evidence, introduce different witnesses to support your case, and make entirely new legal arguments. If something went wrong the first time, this is your opportunity to correct it.

The Shift to a More Formal Setting

One of the biggest differences you'll notice is the courtroom atmosphere. JP courts are designed to be informal and accessible, which often means the rules are more relaxed.

County Courts are the opposite. They operate with much stricter rules.

This means you are expected to follow the formal Texas Rules of Evidence and Texas Rules of Civil Procedure. Evidence must be introduced correctly, objections must be made properly, and your conduct in the courtroom is held to a higher standard. While that might sound intimidating, this structured environment can benefit a well-prepared tenant.

How to Prepare Your Case for the New Trial

Your preparation for the County Court trial needs to be meticulous. You are starting from scratch, which is your chance to build a stronger, more organized case. Your goal is to tell a clear, compelling story backed by solid proof.

Here are the key documents you need to organize:

• Your Lease Agreement: Have a clean, complete copy of your current lease and any previous ones or addendums.
• Payment Records: Compile proof of every rent payment, including bank statements, canceled checks, or digital payment confirmations.
• Landlord Communications: Gather every email, text message, and certified letter about repairs, rent, or other issues related to the dispute.
• Photographs and Videos: If your case involves the property’s condition, pictures and videos are often your most powerful evidence.

Real-World Scenario: Imagine your landlord claims you didn't pay July's rent. In JP court, you couldn't find your bank statement. For the County Court trial, you can bring a certified copy from your bank showing the payment cleared. This new evidence could win your case.

Justice Court vs. County Court: What to Expect

The differences between the two courts can be significant if you are not prepared. Understanding them is key to shifting your strategy and knowing what to anticipate when you walk into the courtroom for your appeal.

This shift from an informal setting to a highly structured one highlights why professional legal help is so important. An experienced eviction attorney who knows the County Court system can help you present your evidence effectively, make the right legal arguments, and increase your chances of winning your appeal.

Building a Winning Case: Common Defenses in an Eviction Appeal

Winning your appeal isn’t just about disagreeing with the first judge's decision. It’s about building a solid legal case for the County Court. The good news is that your "trial de novo" is a fresh start to present your arguments and evidence.

To do that effectively, you need a strong defense. Here are some of the most common and successful defenses tenants use in Texas eviction appeals.

Often, the strongest cases are built on procedural mistakes the landlord made. These aren't just minor technicalities; they can be fatal flaws that get the entire eviction case dismissed.

What the Texas Property Code Says About Notice

This is a critical defense. Before a landlord can file an eviction lawsuit, they are legally required to give you a formal, written Notice to Vacate. This is a strict rule under Texas Property Code § 24.005.

A valid notice must meet all these requirements:

• It must be in writing. A text message or phone call is not sufficient.
• It must give you at least three days to leave, unless your lease specifies a different period.
• It must clearly state the landlord’s intent to file an eviction suit if you do not move out.
• It must be delivered correctly—either in person, by mail, or posted on the inside of your front door.

If your landlord failed to follow any of these steps, their case is flawed. For example, if they only gave you a 24-hour verbal warning, the eviction is improper. A landlord's failure to follow these rules could also support a claim for wrongful eviction.

The Landlord Waived the Right to Evict

Another powerful defense is "waiver." This occurs when a landlord's actions contradict their plan to evict you. The most common example is accepting rent after they have already given you a notice to vacate.

Real-World Scenario: Your landlord gives you a Notice to Vacate on May 5th for non-payment of May's rent. On May 10th, you pay the full rent, and your landlord accepts the payment. By accepting the rent, the landlord has likely "waived" their right to evict you for that specific issue, as their action signals that the lease is back in good standing.

The Landlord Failed to Make Repairs

Every residential lease in Texas includes an implied "warranty of habitability." This means your landlord has a legal duty to repair any condition that materially affects your physical health and safety.

To use this as a defense, you must prove you followed the proper steps under the Texas Property Code:

1. You must be current on your rent when you make the request.
2. You must have notified the landlord about the needed repair in writing (sending a certified letter is the best way to prove this).
3. You must have given them a reasonable amount of time to make the repair.

If your air conditioning fails during a Texas summer, you notify your landlord in writing, and they ignore your request for weeks, you may have a strong defense against eviction for non-payment of rent. To prove this, you might use sworn statements, such as by filing an affidavit of fact, that outlines the timeline. An experienced attorney can help you package this evidence into a compelling case.

What Happens After the County Court's Decision

After you've presented your case, the County Court judge will issue a final decision. Knowing the two possible outcomes—and what happens next—is key to staying in control, no matter which way the ruling goes.

Let's walk through both scenarios so you are prepared.

If You Win Your Appeal

Winning in County Court is a huge victory. A ruling in your favor completely reverses the original eviction judgment from the Justice Court. In simple terms, you have won the legal right to stay in your home.

This is the outcome you fought for, but you should take a final step: get a certified copy of the judgment for your records. This win also resolves the matter of your appeal bond, which should be returned to you.

If You Lose Your Appeal

An unfavorable ruling is difficult, but it's crucial to understand what comes next. If the judge sides with your landlord, the eviction will proceed. The court will then issue a final order called a Writ of Possession.

A Writ of Possession is the legal document that authorizes law enforcement—usually a constable—to physically remove you and your belongings from the property. It's the final step in the eviction process.

A constable will post a notice on your front door, giving you at least a 24-hour warning before they can legally execute the writ. This is your last opportunity to move out on your own terms. Our detailed guide on the Writ of Possession in Texas breaks down this final phase in greater detail.

Even at this late stage, you may not be out of options. Some counties have eviction diversion programs designed to prevent displacement. These programs often use mediation and rental assistance to find a last-minute solution. Data from these programs shows that legal support and mediation can be just as effective as financial aid in keeping people housed. You can see some of the data behind these strategies and how they work. A tenant rights attorney who knows the local courts can tell you if a program like this is available in your area.

Frequently Asked Questions About Texas Eviction Appeals

When you're fighting to stay in your home, the legal process can feel overwhelming. Here are clear, practical answers to some of the most common questions tenants have about appealing an eviction.

Can I appeal if I missed my first court date?

Yes. Missing your initial Justice Court hearing does not end your case. If the judge issued a "default judgment" because you were not present, you still have the right to appeal. Filing an appeal moves the case to County Court and gives you a new trial—a second chance to build your defense. But you must act quickly. The strict five-day deadline to file your appeal starts the moment the judge signs the default judgment.

What if I cannot afford the appeal bond?

If the bond amount set by the judge is beyond your means, you can file a "Statement of Inability to Afford Payment of Court Costs," also known as a Pauper's Affidavit. This is a sworn statement declaring that you do not have the funds for the bond. It must be filed within the same five-day window as the Notice of Appeal. If the court approves your affidavit, you can proceed without posting a bond, though you will likely still be required to pay one month's rent into the court's registry to remain in the property.

Does an appeal stop the eviction immediately?

Yes. This is one of the most powerful benefits of filing an appeal. Once your appeal is properly filed, it triggers an automatic "stay," which immediately pauses the eviction. The Justice Court is legally blocked from issuing a Writ of Possession—the order a constable uses to remove you. This stay protects your right to remain in your home until the County Court hears your case and makes a final decision.

Is it illegal for my landlord to retaliate for an appeal?

Yes, it is absolutely illegal. Your landlord cannot punish you for exercising your legal rights, and filing an appeal is a protected right.

Under the Texas Property Code, any negative action your landlord takes against you shortly after you file an appeal—such as raising your rent, cutting off utilities, or harassment—is presumed to be retaliation.

If this happens, document everything. Keep a detailed log of every incident, save all communications, and contact an experienced eviction attorney immediately. You do not have to tolerate illegal pressure.

If you need help with an eviction, lease issue, or rental dispute, contact The Law Office of Bryan Fagan, PLLC for a free consultation today.