Every final Judgment that comes from a Texas Justice of the Peace is subject to a potential appeal. The rules vary depending on the type of claim, but an Eviction Judgment generally must be appealed within 6 days of the date of a judgment.

The type of appeal chosen by the Tenant can greatly affect the requirements to which the Tenant will be held. The Appeal by Pauper’s Affidavit or the Affidavit of Inability to Pay is a common one because the costs to the Tenants are usually significantly less than appeal by cash bond. However, the rules are a bit more complicated, and many Landlords miss out on opportunities to recover possession of the property from the Tenant when the Tenant fails to follow these rules.

There are strict deadlines for the Tenant to follow, but the Landlord needs to be aware of these, too, in order to benefit if the Tenant fails to comply.  

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