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Texas Property Code - Section 24.0054. Tenant's Failure To Pay Rent During Appeal

Legal Research Home > Texas Laws > Property Code > Texas Property Code - Section 24.0054. Tenant's Failure To Pay Rent During Appeal

§ 24.0054. TENANT'S FAILURE TO PAY RENT DURING 
APPEAL.  (a) 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 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 in county court under Subsection 
(a), 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, § 1, eff. Sept. 1, 2005.          

Last modified: August 11, 2007