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Texas Property Code - Section 24.0053. Payment Of Rent During Appeal Of Eviction

Legal Research Home > Texas Lawyer > Property Code > Texas Property Code - Section 24.0053. Payment Of Rent During Appeal Of Eviction

§ 24.0053. PAYMENT OF RENT DURING APPEAL OF 
EVICTION.  (a) If the justice court enters judgment for the 
landlord in a residential eviction case based on nonpayment of 
rent, the court shall determine the amount of rent to be paid each 
rental pay period during the pendency of any appeal and shall note 
that amount in the judgment.  If a portion of the rent is payable by 
a government agency, the court shall determine and note in the 
judgment the portion of the rent to be paid by the government agency 
and the portion to be paid by the tenant.  The court's determination 
shall be in accordance with the terms of the rental agreement and 
applicable laws and regulations.  This subsection does not require 
or prohibit payment of rent into the court registry or directly to 
the landlord during the pendency of an appeal of an eviction case 
based on grounds other than nonpayment of rent.
	(b)  If an eviction case is based on nonpayment of rent and 
the tenant appeals by filing a pauper's affidavit, the tenant shall 
pay the rent, as it becomes due, into the justice court or the 
county court registry, as applicable, during the pendency of the 
appeal, in accordance with the Texas Rules of Civil Procedure and 
Subsection (a).  If a government agency is responsible for all or a 
portion of the rent under an agreement with the landlord, the tenant 
shall pay only that portion of the rent determined by the justice 
court under Subsection (a) to be paid by the tenant during appeal, 
subject to either party's right to contest that determination under 
Subsection (c).
	(c)  If an eviction case is based on nonpayment of rent and 
the tenant's rent during the rental agreement term has been paid 
wholly or partly by a government agency, either party may contest 
the portion of the rent that the justice court determines must be 
paid into the county court registry by the tenant under this 
section.  The contest must be filed on or before the fifth day after 
the date the justice signs the judgment.  If a contest is filed, not 
later than the fifth day after the date the contest is filed the 
justice court shall notify the parties and hold a hearing to 
determine the amount owed by the tenant in accordance with the terms 
of the rental agreement and applicable laws and regulations.  After 
hearing the evidence, the justice court shall determine the portion 
of the rent that must be paid by the tenant under this section.
	(d)  If the tenant objects to the justice court's ruling 
under Subsection (c) on the portion of the rent to be paid by the 
tenant during appeal, the tenant shall be required to pay only the 
portion claimed by the tenant to be owed by the tenant until the 
issue is tried de novo along with the case on the merits in county 
court.  During the pendency of the appeal, either party may file a 
motion with the county court to reconsider the amount of the rent 
that must be paid by the tenant into the registry of the court.
	(e)  If either party files a contest under Subsection (c) and 
the tenant files a pauper's affidavit that is contested by the 
landlord under Section 24.0052(d), the justice court shall hold the 
hearing on both contests at the same time.

Added by Acts 2005, 79th Leg., ch. 1185, § 1, eff. Sept. 1, 2005.          

Last modified: August 11, 2007