1. law, govt and politics

Appealing Your
Eviction
Information for Residential Tenants in Travis County, Texas If you are evicted, you may appeal and receive a new trial. This brochure tells you about the process for appealing an eviction 1 in Travis County, Texas, from the Justice of the Peace (JP) Court to the County Courts at Law (County Court). This brochure is not a substitute for the help of a lawyer. Even if you decide to represent yourself, it’s a good idea to talk to a lawyer first to make sure you understand your legal rights. Should I appeal?
Appealing an eviction can be expensive and you must follow strict rules and deadlines. Sometimes it makes sense to appeal. Sometimes it makes more sense to use the money you would have to spend to appeal to get into a new rental unit. An attorney can help you decide what’s best for you. Where can I get help?
Call the Austin Tenants’ Council telephone counseling line (512‐
474‐1961) for free information from trained housing counselors. Come to one of Legal Aid’s weekly evening legal clinics for free legal advice from an attorney. Call Legal Aid (512‐374‐2700) for clinic locations, days and times. Call the Lawyer Referral Service (512‐472‐8303) for help finding an attorney. What if I live in public housing?
It is important to talk to an attorney if you live in public housing, privately owned HUD subsidized housing, Section 8 voucher housing, or low‐income tax credit (LIHTC) housing as there may be additional defenses available to you. Also, if you are evicted and part of your rent is paid by the government, the JP Judge should note in the judgment the amount paid by the government and the amount paid by you. If the Judge does not do this correctly, you have 5 days to ask the Judge, in writing, to correct the order. 1
An eviction case is also called a forcible detainer case. What if I don’t move or appeal?
If you do not move or appeal your eviction within 5 days, your landlord can ask the JP Judge for a Writ of Possession. A Writ of Possession allows the constable or sheriff to give you a 24 hour warning and then physically remove your family and your belongings from the rental unit. How fast do I have to decide?
You only have 5 days (counting Saturdays, Sundays and holidays), from the day the JP Judge signs the judgment for your eviction, to appeal. However, if the 5th day lands on a weekend or holiday, you can file your appeal on the next day the court is open.
What are the steps to appeal?
Step 1 – File Your Appeal. To appeal, you must file at the JP court within 5 days either: ● an Appeal Bond or ● a Tenant’s Affidavit of Inability to Pay Cost of Appeal or File Appeal Bond & Answer Copy to Landlord’s Agent – You must send a copy of your appeal bond or Pauper’s Affidavit to the landlord’s agent within 5 days. Send it by certified mail return receipt requested, fax, or personal delivery. Bring proof that you sent it to your trial. Appealing by Filing an Appeal Bond ‐ An appeal bond is a promise to pay the landlord the amount of the bond if you lose your appeal. An appeal bond must be signed by you and two others who have enough assets to cover the appeal bond. The JP Judge sets the amount of the bond. You can also deposit cash (called a cash bond) with the JP court clerk in place of the appeal bond. Appealing by filing an Affidavit of Inability to Pay Cost of Appeal or File Appeal Bond ‐ If you cannot afford the appeal bond, you can instead file a Tenant’s Affidavit of Inability to Pay Costs of Appeal or File Appeal Bond & Answer(also called a Pauper’s Affidavit). The affidavit will list your income, property, monthly expenses, debts, and dependents. It must show you are unable to pay or give security for the bond. Your landlord can contest your Pauper’s Affidavit. If that happens, you must go to a separate hearing to testify about the information in your affidavit. Bring proof of your income, such as paystubs and/or documents to prove you receive public benefits. Bring bank statements to show how much money you have in the bank. The JP Judge will then either approve or deny your Pauper’s Affidavit. If the JP Judge denies your Pauper’s Affidavit, you have 5 days to post the appeal or cash bond or appeal the JP Judge’s decision to the County Court at Law. Step 2 – Pay Your Rent to the Court if You were Evicted for Nonpayment of Rent and Appealed Using a Pauper’s Affidavit. Special rules apply if you: ● were evicted for not paying your rent and ● filed your appeal using a Pauper’s Affidavit. Under these special rules, if you want to stay in your rental unit during your appeal you must: 1) pay 1 month’s rent to the JP Court Clerk within 5 days of filing your Pauper’s Affidavit and 2) pay all future monthly rent payments to the County Clerk’s Office within 5 day of the due date under your lease. Here’s an example. Suppose your monthly rent is $500 and the JP Judge signs an order evicting you on the 20th. To appeal you must pay $500 to the JP court clerk by the 25th and you must pay another $500 to the County Clerk’s Office by the 5th day of the next month, if your rent is due on the first. If you don’t make these payments on time, the landlord may file a motion in County Court asking that you be removed from the rental unit. You will be notified of the hearing on the landlord’s motion. The first time this happens the Court may allow you to continue to stay in your rental unit if you pay the rent you owe and the landlord’s attorney’s fees to the County Clerk’s Office on or before the date of the hearing. (The law only allows you to catch up on your rent in this manner one time.) If you are not able to do this, the Court will sign a Writ of Possession and the constable or sheriff will remove you from the rental unit. Beginning January 1, 2012, if you don’t pay 1 month’s rent to the JP court clerk within 5 days of filing your Pauper’s Affidavit the JP Court may sign a Writ of Possession without giving you notice and without holding a hearing. Remember: Don’t pay rent to the court if you filed an appeal bond or cash bond or were evicted for a reason other than non‐payment of rent. If you were evicted for a reason other than nonpayment of rent, you should continue to pay your rent to the landlord or the landlord can file a new eviction case against you. Step 3 – County Courts at Law. Your appeal case is sent by the JP Court to the County Clerk’s Office for filing with the civil County Courts at Law. Filing Fee – If you appealed using a Pauper’s Affidavit there is no additional filing fee. If you appealed using an appeal bond or cash bond you must pay a $222 filing fee. You must pay this fee at the County Clerk’s Office within 20 days of being notified that the fee is due or file an Affidavit of Inability to Pay the Filing Fee. If you don’t do this, your appeal will be dismissed. Written Answer – The Tenant’s Affidavit of Inability to Pay Costs of Appeal or File Appeal Bond & Answer form provided by the Travis County Courts, counts as a written answer. If you use a different form you must file a written answer at the County Clerk’s Office within 8 days after the County Court at Law receives your case. If you don’t, your case may be dismissed. Scheduling Your Trial ‐ Your appeal can be scheduled for trial as soon as your case has been on file with the County Clerk’s Office for 8 days. The Court will not schedule the trial. Either you or your landlord may schedule the trial by calling 512‐
854‐9241 or 512‐854‐9249. Before scheduling the trial, you must make a reasonable effort to talk to your landlord (or your landlord’s attorney or agent) about what trial date would be convenient. If you schedule the trial, you must give your landlord written notice of the date and time of the trial by fax, certified mail return receipt requested, or personal delivery. Bring proof that you gave notice with you to your trial. Bring the Final Judgment form with you to your trial. Step 4 – The Trial Your appeal trial will take place in County Court at Law #1 or #2. Both courts are located on the second floor of the Heman Marion Sweatt Civil Courthouse, 1000 Guadalupe Street, Austin. The trial of your appeal will be a completely new trial. This means that everything done in the Justice of the Peace court (“JP Court”) is set aside. You must present again any papers, witnesses, or photographs you want the County Court judge to consider. You may also present new witnesses and information. Unlike JP Court, which is designed to be more casual, the complicated rules of evidence and civil procedure will be more strictly enforced in the County Court. Like the JP Judge, the County Court judge will listen first to the landlord’s side of the story and then to your side. The judge will then decide whether or not you will be evicted. Tip: Before your trial, make a list of everything you want to tell the judge and the papers, witnesses or photographs you want to present. If possible, review your list with an attorney. Frequently Asked Questions
Courtroom Do’s and Don’ts
What forms do I need to appeal my eviction? Depending on your case, you may need one or more of the following forms. Or, you may need to hire an attorney to draft different or additional forms
• Tenant’s Affidavit of Inability to Pay Cost of Appeal or File Appeal Bond & Answer • Tenant’s Motion for Appointed Attorney • Tenant’s Notice of Trial Setting • Final Judgment Arrive Early Arrive at least 30 minutes early. If you arrive late, the judge may have already ruled on your case. Be sure to leave enough time to find and pay for parking. There is no free public parking near the courthouse. Be Respectful You must be respectful to the judge and the landlord or landlord’s agent at all times. Address the judge as “Your Honor.” These forms can be found the at the Travis County Law Library at 314 West 11th Street, Austin, Texas, and at Be Prepared If possible, ask an attorney to help you get ready for your trial. www.TravisCountyLawLibrary.org. Where are the County Courts at Law and the County Clerk’s Office? County Courts at Law # 1 and # 2 are on the second floor of the Heman Marion Sweatt Civil Courthouse, 1000 Guadalupe Street, Austin. The County Clerk’s Office is also located on the second floor of the Heman Marion Sweatt Civil Courthouse, in room 222. What happens to the money I deposit with the JP and County Clerk’s Offices? The clerk’s office keeps the money until the Court orders it released. Even if you win the appeal, absent unusual special circumstance, the landlord will be entitled to the money deposited with the court. Will an attorney be appointed to represent me? A tenant who successfully files a Pauper’s Affidavit may ask the County Court to appoint an attorney to represent the tenant during the appeal. However, unless there are special circumstances the Court will not usually do so. To ask for an attorney, file the Tenant’s Motion for Appointed Attorney in the County Clerk’s Office. What if I live in a manufactured home? If you own your mobile home and are just renting a lot, there are additional rules that apply. Talk to an attorney or the Austin Tenants’ Council. What if I Lose My Appeal in County Court? If you lose your appeal, the County Court judge should give you 10 days to move. If you lose your appeal, you will most likely have to pay your landlord’s court costs and attorney’s fees, as well as any rent that you owed before your appeal or that accrued during your appeal. If you intend to appeal the County Court judgment to an appellate court, you should see a lawyer immediately to discuss your next steps. Wear Proper Clothes Dress like you’re going to a job interview. Read the Law Read Texas Property Code, Chapter 24 at: www.statutes.legis.state.tx.us. Read the Texas Rules of Civil Procedure, Part VII, Section 3 Forcible Entry and Detainer (Eviction) at : www.supreme.courts.state.tx.us/rules/trcphome.asp or in the Travis County Law Library at 314 West 11th Street, Austin. File at JP Court.
Instructions for Tenant:
Fill out this form completely before signing. Do not sign until you are in front of a Notary.
File the completed, signed form in the JP Court Clerk’s Office.
Send a copy to the Plaintiff/Landlord by certified mail return receipt requested, fax, or personal delivery.
_________________________________________
Name of Plaintiff/Landlord
Cause No:
v.
In Justice Court, Precinct # _________
________________________________________
Name of Defendant/Tenant
Travis County, Texas
Tenant’s Affidavit of Inability to Pay Costs of Appeal or File Appeal Bond
& Answer
The person who signed this affidavit appeared, in person, before me, the undersigned
notary, and stated under oath:
“My name is ______________________________________.
(Print your full name.)
“I am at least eighteen (18) years old. I am fully competent to make this affidavit. The facts
stated in this affidavit are within my personal knowledge and are true and correct.
“I am the Defendant/Tenant in this case. If I have not already filed a written answer, I enter a
general denial.
This Court signed a judgment for eviction against me on: ___________________________.
(Date JP Court signed judgment)
“I wish to appeal that judgment. This is my notice of appeal.
“I am not able to pay any part of the costs of appeal, file an appeal bond or give security for
appeal because of my financial condition.”
“My income, property, monthly expenses, debts, and dependants are described below:

Net Employment:
Spouse Income (available to me):
TANIF Income:
SSI/SSDI Income:
Other Income:
Total Available Income:

Monthly
Amount
Available Income
Nature (Source or Description)
$
$
$
$
$
$
Government Entitlements – Not Cash Benefits
Food Stamps
Monthly Amount: $
I live in: (Check box.)
Public housing
Privately owned HUD subsidized housing
Section 8 voucher housing
Private non-subsidized housing
Not sure
Tenant’s Affidavit of Inability to Pay Costs of Appeal or File Appeal Bond & Answer, September 2011
Page 1 of 3
File at JP Court.

Property
Vehicles
Amount owed on
Vehicle Loan
Year and Make of Vehicle
$
$
$
Car/Truck
Car/Truck
Car/Truck
Total:
Money
Savings
Checking
Cash
Total:
$
Amount
$
$
$
$
(List all other real or personal property you own. Don’t include household furnishings, clothes,
Other Property tools or a trade and personal effects)

Monthly Expenses
Rent (your portion)
$
Child Care/Support
$
Car Payment
$
Clothing/Laundry
$
Transportation
$
Medical/Dental
$
Car Insurance
$
Furniture/Appliance
$
Utilities
$
Other
$
Food
$
Other
$
Total Monthly Expenses $


Debts (Total Owed)
Child Support
$
Other
$
Credit Card
$
Other
$
Payday Loan
$
Dependents
Total Debts Owed $
Name
Age
Residential Address
Spouse
Child 1
Child 2
Child 3
Child 4
Other
Other
Tenant’s Affidavit of Inability to Pay Costs of Appeal or File Appeal Bond & Answer, September 2011
Page 2 of 3
File at JP Court.

Other Facts that Support this Affidavit
(Describe unusual/unexpected medical needs, recent family emergencies or other urgent events that keep you from
being able to pay the costs of appeal.)
“I am not able to pay any part of the costs of appeal, file an appeal bond or give security for
appeal because of my financial condition.”
Do not sign until you are in front of a notary.
_____________________
Your Signature
Date
Print Your full Address:
City
Phone Number: (_____) _____-________
State
Zip Code
Fax Number: (_____) _____-________ (if available)
This box to be completed by Notary.
State of Texas, County of ________________________________________
(Print the name of county where this statement is notarized)
Sworn to and subscribed before me, the undersigned notary, on this date: _____________________
by _________________________________________.
(Print name of party who is signing this affidavit.):
_______________________________
(Notary’s seal here)
Notary’s Signature
Tenant’s Affidavit of Inability to Pay Costs of Appeal or File Appeal Bond & Answer, September 2011
Page 3 of 3
File at County Clerk’s Office.
_________________________________________
Name of Plaintiff/Landlord
Cause No:
v.
In County Court at Law, # _____
_________________________________________
Name of Defendant/Tenant
Travis County, Texas
Tenant’s Answer

My name is: _________________________________________.
Print full name of Defendant/Tenant
I am the Defendant/Tenant in this case.
I enter a general denial.
I request notice of all hearings in this case.

My mailing address is:
______________________________________________________
Address

City
State
Zip
My phone number is: (______) ______- _____________.
_______________________________
Your Signature
Certificate of Service
I certify that a complete copy of this document was delivered to the Plaintiff/Landlord’s agent of
record on this date by:
(Check one.)
Certified mail, return receipt requested
Fax, to fax # (_____) _____-_________
Hand delivery
_____________________
Your Signature
Tenant’s Answer, May 2011
Date
Page 1 of 1
File at County Clerk’s Office.
_________________________________________
Name of Plaintiff/Landlord
Cause No:
v.
In County Court at Law, # _____
________________________________________
Name of Defendant/Tenant
Travis County, Texas
Motion for Appointed Attorney
I am the Defendant/Tenant in this case.
I filed this appeal by filing an Affidavit of Inability to Pay Cost of Appeal or File Appeal Bond.
I cannot afford to hire an attorney.
I respectfully ask the Court to appoint an attorney to represent me in this appeal of my eviction.
Your Signature: _______________________________________
Your Printed Name: ____________________________________
Address: _____________________________________________
City: ____________________ State:TX Zip Code: ___________
Phone Number: ________________________________________
Certificate of Service
I certify that a complete copy of this document was delivered to the Plaintiff/Landlord’s agent of
record on this date by:
(Check one.)
Certified mail, return receipt requested
Fax, to fax # (_____) _____-_________
Hand delivery
_____________________
Your Signature
Tenant’s Motion for Appointed Attorney, September 2011
Date
Page 1 of 1
File at County Clerk’s Office.
Instructions for Tenant:
Schedule the trial by calling the County Courts at Law Offices (512) 854-9241 or (512) 854-9249.
File the completed, signed form in the County Clerk’s Office.
Send a copy to the Plaintiff/Landlord by certified mail return receipt requested, fax, or personal delivery.
_________________________________________
Name of Plaintiff/Landlord
Cause No:
v.
In County Court at Law, # _____
________________________________________
Name of Defendant/Tenant
Travis County, Texas
Tenant’s Notice of Trial Setting
To:
_________________________________________
Print name of Plaintiff/Landlord.
The trial of this case is set on this date: __________________ and at this time: ________ __.m.
month / day / year
The trial will take place in County Court at Law #1 or #2, both located on the second floor of the
Heman Marion Sweatt Civil Courthouse, 1000 Guadalupe Street, Austin, Texas 78701.
Your Signature
Your Printed Name
Your full Address:
City
State
Zip Code
Phone Number: (_____) _____-________
Fax Number: (_____) _____-________ (if available)
Certificate of Service
I certify that a complete copy of this document was delivered to Plaintiff/Landlord’s agent of
record on this date by: (Check one.)
Certified mail, return receipt requested
(Bring receipt stamped with date of mailing and green return receipt card to court.)
Fax, to fax # (______)-___________________,
(Bring fax confirmation to court.)
Hand delivery
(Bring signed acknowledgment of delivery from Plaintiff/Landlord to court.)
_____________________
Your Signature
Tenant’s Notice of Trial Setting, September 2011
Date
Page 1 of 1
Name of Plaintiff/Landlord
Cause No:
v.
In County Court at Law, # _____
Name of Defendant/Tenant
Travis County, Texas
FINAL JUDGMENT
On this date, the Court heard the appeal filed in this case.
Plaintiff/Landlord
The appeal was filed by:
Defendant/Tenant
Plaintiff/Landlord’s name is: ______________________________________________________.
Print Plaintiff/Landlord’s full name.
(Check one.)
Plaintiff/Landlord appeared in person, representing him/herself.
Plaintiff/Landlord was duly notified of this trial, but did not appear.
Defendant/Tenant’s name is: ____________________________________________________.
Print Defendant/Tenant’s full name.
(Check one.)
Defendant/Tenant appeared in person, representing him/herself.
Defendant/Tenant was duly notified of this trial, but did not appear.
After considering the pleadings, evidence, and arguments of the parties, the Court renders:
(Check one.)
Judgment in favor of Defendant/Tenant.
It is ORDERED that Defendant/Tenant shall stay in possession of the rental unit located at:
_________________________________________________________________________.
Street Address
City
State
Zip Code.
It is further ORDERED that any writ of possession granted in this case is dissolved.
Judgment in favor of Plaintiff/Landlord.
Plaintiff/Landlord is awarded possession of the rental unit located at:
_________________________________________________________________________.
Street Address
City
State
Zip Code.
Defendant/Tenant is ORDERED to move out of the rental unit at the above location on or
before _________________________ at 5:00 p.m.
Month / Day / Year
It is further ORDERED, that Plaintiff/Landlord shall have all writs of execution and other
process issued which are necessary to enforce this judgment, including a writ of possession
which may issue 10 days after this judgment is signed, for which let execution issue.
(Check if applicable.)
Plaintiff/Landlord is awarded a judgment in the amount of $ ____________________
against Defendant/Tenant for unpaid rent.
Plaintiff/Landlord is awarded a judgment in the amount of $ ____________________
against Defendant/Tenant for costs.
Final Judgment in Eviction Appeal, September 2011
Page 1 of 2
(Check if applicable.)
The Travis County Clerk is ORDERED to pay Plaintiff/Landlord all funds held in the
registry of the Court in this case, along with any accumulated interest. These funds shall be
credited to any judgments awarded to Plaintiff/Landlord above.
All relief not expressly granted is denied. This judgment is final and disposes of all parties and all
claims in this case.
DATE SIGNED: _______________________
_________________________________________
JUDGE PRESIDING
Final Judgment in Eviction Appeal, September 2011
Page 2 of 2