2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 24 - Forcible Entry and Detainer › Section 24.0054. Tenant's Failure to Pay Rent During Appeal

Sec. 24.0054.  TENANT'S FAILURE TO PAY RENT DURING APPEAL.  (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 Section 24.0053;
(2)  the justice court has provided the written notice required by Section 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.
(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 Section 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 Section 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 Section 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 Section 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 Section 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.
Added by Acts 2005, 79th Leg., Ch. 1185 (H.B. 62), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 958 (H.B. 1111), Sec. 3, eff. January 1, 2012.