After an eviction judgment in Texas, nothing happens immediately. The tenant has five days to either file an appeal or move out voluntarily, and only after that window closes can the landlord ask the court for a writ of possession authorizing a constable to physically remove the tenant. Even then, the constable must post a 24-hour warning on the door before carrying out the eviction. From judgment to lockout, the process typically takes at least a week and often longer.
The Five-Day Window After Judgment
Once a justice court judge signs the eviction judgment, a five-day clock starts the next day.1State of Texas. Texas Property Code 24.0061 – Writ of Possession During those five days, the court cannot issue a writ of possession, so the landlord has no legal way to force the tenant out.2Texas State Law Library. Appealing an Eviction The tenant’s choices are to appeal, move out, or do nothing and let the judgment become final.
The deadline is strict. There is no extension.
How to Appeal to County Court
A tenant appeals by filing one of three things with the justice court within five days of the judgment:
- An appeal bond in an amount set by the judge, signed by two sureties.
- A cash deposit with the court for the bond amount.
- A Statement of Inability to Afford Payment of Court Costs, sometimes called a pauper’s affidavit, for tenants who cannot afford a bond or cash deposit.2Texas State Law Library. Appealing an Eviction
Filing any one of these “perfects” the appeal. The landlord has five days to contest a Statement of Inability, and the justice court must hold a hearing on the contest within five days after that. If the contest is sustained, the tenant has five more days to appeal that ruling to county court.
Once the appeal is perfected, the case moves to county court for a trial de novo. The county court does not review the justice court’s work; both sides try the case from scratch, with the same evidence or new evidence.3Office of Court Administration, State of Texas. Rule 510 Eviction Cases – Section: Rule 510.10 If the tenant did not file a written answer in justice court, they have eight days after the county court receives the case to file one.4Texas Law Help. Appealing an Eviction Whoever wins in county court can recover damages from the other side for withholding or defending possession during the appeal, including lost rent and attorney fees.
Paying Rent Into the Court Registry During Appeal
This is where tenants most often lose an otherwise valid appeal. Filing an appeal does not pause rent. The justice court sets the monthly rent amount at the time of judgment, and the tenant must deposit that amount into the court registry within five days of filing the appeal.5State of Texas. Texas Property Code 24.0053 – Payment of Rent During Appeal of Eviction After that first payment, the tenant has to keep paying rent into the registry at the start of each rental period for as long as the appeal is pending.
The court must give the tenant written notice stating the exact deposit amount, the accepted payment methods (cash, cashier’s check, or money order), and the deadline for the first payment.5State of Texas. Texas Property Code 24.0053 – Payment of Rent During Appeal of Eviction Miss a payment and the court can immediately issue a writ of possession with no hearing, ending the appeal and authorizing removal.6State of Texas. Texas Property Code 24.0054 – Tenants Failure to Pay Rent During Appeal The landlord can request disbursement of the deposited rent from the registry at any time during or after the appeal.
The Writ of Possession
If the tenant does not appeal, or if the landlord wins at county court, the next step is the writ of possession. The writ is the court order that lets a constable or sheriff physically remove the tenant and return the property to the landlord. The court cannot issue the writ before the sixth day after the judgment is signed, unless the landlord posted a special possession bond and obtained a default judgment.1State of Texas. Texas Property Code 24.0061 – Writ of Possession
The landlord requests the writ from the court clerk and pays a fee that varies by county. Issuing the writ is a ministerial act, so the court has no discretion to delay it once the conditions are met. The constable or sheriff must then serve the writ within five business days.1State of Texas. Texas Property Code 24.0061 – Writ of Possession
How the Physical Eviction Works
The constable does not simply arrive and start carrying out furniture. The writ requires a two-step process. First, the officer posts a written warning on the outside of the tenant’s front door. The notice has to be at least 8½ by 11 inches and must state the specific date and time the officer will return to execute the writ, which cannot be sooner than 24 hours after the warning is posted.1State of Texas. Texas Property Code 24.0061 – Writ of Possession
When the constable returns, they deliver possession to the landlord, tell everyone present to leave immediately, and physically remove anyone who refuses. The officer may use reasonable force.1State of Texas. Texas Property Code 24.0061 – Writ of Possession
What Happens to Belongings
The constable oversees the removal of the tenant’s belongings from the unit. The property has to be placed outside at a nearby location, but it cannot block a public sidewalk, passageway, or street. The officer cannot remove property while it is raining, sleeting, or snowing, which can delay execution by hours or days.1State of Texas. Texas Property Code 24.0061 – Writ of Possession
Some municipalities provide a portable, closed container at no cost to the landlord or tenant. If belongings go into one of these containers and the tenant does not retrieve them within a reasonable time, the municipality can dispose of the contents by any lawful means.1State of Texas. Texas Property Code 24.0061 – Writ of Possession
Landlords Cannot Skip the Writ
Winning the judgment is not permission to handle the eviction personally. A landlord cannot change the locks, shut off utilities, remove doors, or take any other action to force the tenant out without the writ of possession. Texas treats these self-help evictions as unlawful lockouts. A tenant who is locked out can file a sworn complaint with the justice court and ask for a writ of reentry. If the landlord disobeys that writ, the penalty is contempt of court, which can include jail.
How an Eviction Affects Future Housing
The eviction judgment itself stopped appearing on major credit bureau reports after 2017, when the three nationwide bureaus changed their policies on public records. If unpaid rent gets sent to a debt collector, though, the collection account can show up on a credit report for up to seven years and drop the tenant’s score significantly.
The longer-lasting problem is tenant screening reports. Under federal law, screening companies can report eviction court records for up to seven years.7Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports Most landlords pull these reports on every applicant, and an eviction entry is one of the fastest routes to a denial.
A tenant who thinks a screening report contains inaccurate eviction information can dispute the entry directly with the screening company. Under the Fair Credit Reporting Act, the company has about 30 days to investigate, and if it cannot verify the entry it has to correct or delete the record.7Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports A tenant denied housing because of a screening report is also entitled to a free copy of that report within 60 days of the denial.