Appeals to the Texas County Court at Law
We represent landlords in eviction appeals cases in the Greater Houston area, including Harris County, Fort Bend County, Montgomery County,
and Brazoria County.
Tenants and landlords may appeal a final judgment obtained from a Justice Court to a County Court at Law by filing a bond, making a cash
deposit, or filing with the Justice Court a sworn statement of inability to pay, commonly known as a “Pauper’s Affidavit.” In short, the court’s
case file is physically transferred and the landlord must again prove its case; but this time using the Texas Rules of Procedure and Evidence.
Many important details that are overlooked at the Justice Court level are commonly scrutinized at the County Court level, e.g., notice to
vacate and delivery of it. For this reason, landlords and managers should turn to an experienced Eviction Appeal Attorney at VLF that has “been
there and done that” and charges a reasonable fee. VLF will provide the following in services for a flat fee in a non-payment of rent case:
- Review the Lease Agreement and Petition to ensure compliance with the property code;
- Review the 3-day notice to ensure compliance with the property code;
- Confirm 3-day notice was delivered in compliance with the property code
- Prepare a Final Judgment (court order); and
- Appear in county court and examine witnesses at the trial to obtain a Final Judgment awarding possession, damages, attorneys’ fees and costs.
The Vargo Law Firm will also perform the above services on a non-monetary default case, but cannot offer a flat fee because it is not an
“open and shut” case and requires a trial Cases where a tenant breaches their lease by doing something other than failing to pay rent will be
handled on an hourly basis.
The below questions and answers are informational and not a substitute for legal advice from a licensed attorney. The facts of every eviction
case are different and you should seek legal counsel if you want to ensure legal compliance.
1. How do I evict my tenant?
In Texas, a landlord evicts a tenant by filing a “forcible entry and detainer” lawsuit in a justice court, also called a “JP” court. The lawsuit must be filed in the precinct where the property is located. Before filing a lawsuit, a landlord must provide a notice to vacate and ensure they deliver according to the Texas Property Code. Please visit the Resource Center for links that will help you evict a tenant from a property located in Harris County, Brazoria County, Fort Bend County, Galveston County, and Montgomery County.
2. What is the difference between an eviction and forcible entry and detainer suit in Houston?
There is no difference. A forcible entry and detainer is the language used by the Texas Property Code and lawyers who practice in the area of law. Most non-lawyers use the word eviction.
3. Can I evict an occupant even though I don’t have a lease with them?
4. What, if anything, does a landlord need to do before filing an eviction suit?
5. How does a landlord need to deliver the notice to vacate?
6. How far in advance do I need to need to give my tenant a written notice to vacate the property before filing an eviction lawsuit?
7. What do I do if my tenant requests or demands a jury trial?
8. Can a landlord get a judgment for damages and possession in the same case?
9. Can a landlord lock out a residential tenant for failing to pay rent?
10. Can a landlord lock out a commercial tenant for failing to pay rent?
11. How can a tenant win an eviction suit?
12. What is a Pauper’s Affidavit?
13. What is an appeal bond?
14. What can a landlord do if a tenant fails to pay the appeal bond in a nonpayment of rent case?
15. Can a non-lawyer represent a landlord in Justice Court?
16. Can a non-lawyer represent a landlord in a County Court at Law on appeal?
17. Can a non-lawyer represent themselves in a County Court at Law on appeal?