I Won My Eviction Appeal, But My Tenant Won’t Leave. Now What?

HOME | I Won My Eviction Appeal, But My Tenant Won’t Leave. Now What?

17
Apr

I Won My Eviction Appeal, But My Tenant Won’t Leave. Now What?

San Antonio Eviction lawyerYou are a residential landlord in Texas. Your tenant hasn’t paid rent in months. Their empty promises have forced you to file an eviction suit. They no-showed the eviction trial in Justice Court and you obtained a Default Judgment.

Then the tenant appealed…

The appeal has slowly worked its way through the system.  All the while, you are losing money, and have a non-paying tenant in possession of your property.

You finally have your day in County Court, and the Judge ruled in your favor.  The eviction appeal is over, and you won.

But your tenant is still in the property, and showing no signs of leaving.

Now What?????

The simple answer is:  More Waiting….

As frustrating as that sounds, the good news is that the additional wait time is short: usually ten (10) days.

The ten day period is prescribed under TEXAS RULE OF CIVIL PROCEDURE 510.13, which affords to the tenant that period to file a supersedes bond or make other extraordinary efforts to stay the Judgement of the County Court.

Rule 510.13 provides as follows:

WRIT OF POSSESSION ON APPEAL

The writ of possession, or execution, or both, will be issued by the clerk of the county court according to the judgment rendered, and the same will be executed by the sheriff or constable, as in other cases. The judgment of the county court may not be stayed unless within 10 days from the judgment the appellant files a supersedeas bond in an amount set by the county court pursuant to Section 24.007 of the Texas Property Code.

Very few tenants are able to secure a super seeds bond. Accordingly, the 10 days afforded by Rule 510.13 is usually the end of the road.

Once the 10 days expires, the Landlord may secure a Writ of Possession to be carried out by the Bexar County Sheriff’s Office or the appropriate Constable.