Navigating Eviction Appeals

On March 13, the Lubbock Apartment Association (LAA) hosted an informative session on eviction appeals led by legal experts Keith Thompson and Alexa Lunsford. The discussion provided property managers and owners with crucial insights on handling eviction appeals, the appeals process, and best practices for ensuring compliance with Texas law.

Members can download the presentation here. 

Understanding Eviction Appeals

Eviction appeals occur when a tenant disputes an eviction ruling in Justice Court (JP Court) and seeks a trial in a higher court, typically the County Court at Law. While all tenants have the right to appeal, the process to "perfect" an appeal requires specific steps, including filing a bond or a statement of inability to pay and continuing to pay rent into the court’s registry.

Common Eviction Appeal Scenarios

Thompson outlined three common types of tenants who appeal evictions:

1. Career Tenants – These tenants understand legal loopholes and use the system to delay eviction as long as possible.
2. Genuine Disputes – Some tenants may have a legitimate reason for appeal, such as errors in the JP Court ruling.
3. Unusual Cases – Some appeals involve unexpected claims, such as a tenant who attempted to pay rent in cryptocurrency or through personal financial instruments.

Understanding which type of tenant you're dealing with can help in strategizing your response to the appeal.

Key Steps in the Appeals Process

1. How Tenants "Perfect" an Appeal

To successfully appeal, a tenant must:

• File a notice of appeal within five days of the eviction ruling.
• Post a bond or a sworn statement of financial inability within the same timeframe.
• Continue paying rent into the court’s registry by the fifth day after filing the appeal.

If a tenant fails to meet these deadlines, property owners can request a writ of possession from the JP Court to reclaim the unit.

2. Representing the Property in County Court

• A recent change in Texas Property Code (24.011) allows property managers of multifamily units to represent their properties in County Court without a lawyer.
• However, the County Court operates under strict legal rules, including evidence presentation and procedural requirements.
• If tenants appear with legal representation, the case may become more complex, making legal assistance advisable.

3. The Role of County Court Judges

• The County Court at Law 3 Judge (Ben Webb) oversees all eviction appeals in Lubbock County.
• He expects landlords and property managers to be as prepared as attorneys if they choose to represent themselves.
• Unlike JP Court, County Court does not provide pre-made legal forms—all filings must be properly drafted.

Winning Your Case in County Court

1. Be Prepared for Legal Arguments

• County Court operates under formal rules of evidence, meaning hearsay is not allowed.
• Be prepared for tenants or their lawyers to raise procedural arguments, such as improper notice or defects in the lease agreement.

2. Use the Tenant’s Testimony to Your Advantage

• If possible, question the tenant first to confirm key facts:
  • They signed a lease.
  • They failed to pay rent.
  • They received proper notice.
• If these points are admitted, you can motion for judgment before presenting additional evidence, potentially shortening the case.

3. Watch for Default Judgment Opportunities

• If a tenant fails to file an answer in County Court within 8 days, landlords can request a default judgment—effectively winning the case without further proceedings.

Retrieving Rent Payments Held in Court

• If rent was deposited into the court registry during an appeal, landlords must request its release after winning the case.
• The County Clerk may require a formal motion and court order to issue the payment.

Upcoming LAA Events

📅 April 17: Fair Housing & Trade Show

• 8:00 AM - 4:00 PM at The Red Book
• Specialized Fair Housing training sessions for property managers and maintenance teams

📅 April 10: EPA Certification Class

• Ideal for maintenance staff needing EPA licensing

LAA members are encouraged to update their staff information on the member site to ensure smooth registration for future events.