There has been a change this year in the Texas Rules of Law and the Texas Property Code. This change is in how the Paupers Appeal is handled at the Precinct court level. To sum up what happens now is that when a person appeals the judges ruling for non-payment of rent with a paupers appeal they have 5 days to submit the rent to the registry of the court. If they do not submit the rent for that month you can file a sworn motion to the court for a hearing and challenge the paupers appeal.
Without compliance for payment of rent with the paupers appeal you can have the appeal dismissed and ask for an immediate WRIT of Possession.
I will hi-lite parts of the bill for emphasis.
HOUSE BILL Chapter 958 H.B. No. 1111
SECTION 5. Thi s Ac t t ake s e f f e c t J anuary 1, 2012
AN ACT
relating to a tenant’s failure to pay rent during an appeal of an
eviction for nonpayment of rent after filing a pauper’s affidavit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.004, Property Code, is amended to
read as follows :
Se c . 24.004. JURISDICTION. A justice court in the precinct in which the real property is located has jurisdiction in eviction
suits. Eviction suits include forcible entry and detainer and
forcible detainer suits. A justice court has jurisdiction to issue
a writ of possession under Sections 24.0054(a), (a -2), and (a-3) .SECTION 2. Section 24.0053, Property Code, is amended by
adding Subsections (a-1) and (a-2) to read as follows:
(a-1) If a tenant files a pauper’s affidavit in the period
prescribed by Section 24.0052 to appeal an eviction for nonpayment of rent, the justice court shall provide to the tenant a written notice at the time the pauper’s affidavit is filed that contains the following information in bold or conspicuous type:(1) the amount of the initial deposit of rent stated in
the judgment that the tenant must pay into the justice court
registry;
(2) whether the initial deposit must be paid in cash,
cashier’s check, or money order, and to whom the cashier’s check or money order, if applicable, must be made payable;
(3) the calendar date by which the initial deposit
must be paid into the justice court registry;
(4) for a court that closes before 5 p.m. on the date
specified by Subdivision (3), the time the court closes; and
(5) a statement that failure to pay the required
amount into the justice court registry by the date prescribed by
Subdivision (3) may result in the court issuing a writ of possession without hearing.
(a-2) The date by which an initial deposit must be paid into
the justice court registry under Subsection (a-1)(3) must be within five days of the date the tenant files the pauper’s affidavit as required by Rule 749b(1), Texas Rules of Civil Procedure.SECTION 3. Section 24.0054, Property Code, is amended by
amending Subsections (a) and (e) and adding Subsections (a-1),
(a-2), (a-3), and (a-4) to read as follows:
(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.
(e) In a motion or hearing [in county court] under
Subsection (a-4), or in a motion to dismiss an appeal of an eviction case in county court [(a)], the parties may represent themselves or be represented by their authorized agents, who need not be attorneys.…
(See the link below for the complete document ruling)
Following is summary of the original : The Act of Appeals H.B. No. 62 is here http://www.legis.state.tx.us/tlodocs/79R/billtext/html/HB00062F.HTM
Sec. 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.
Let us handle the eviction for you and help you handle this objection and make the tenant comply with the law. Most cases of paupers appeal filings that I have seen and taken over by attorneys in my view were attempts to stay in the property for longer for free. Thanks to this new rule the landlord does not have to wait and hire and attorney and look at more delays and more expense if they do not wish too.
The landlord can now handle the objection himself without the need of an attorney simply by calling the precinct and asking if the rent has be paid in to the court of registry in the time required. If not you get the WRIT.
Houston Evictions will take of this for you as a separate fee.
