Tenant did not show up for hearing on 6/24 and now appeals

[Courtney Duong]

Hi BP,

As I said in another post.  I have a tenant who is always paying super late for 8 months now already.  So I filled for eviction beginning of June for June (after giving her 3 days notice and all).  Court hearing was set for last week 6/24.  She didn't show.  The judge said I could come back on 7/2 which is today to get writ of possession and sheriff will come get her out on 7/6 (because 7/4 is a holiday).  

So this morning I came to court to get writ of possession but the lady at the office said the tenant appeals and she has until 7/8 to deposit 1 month of rent to court registry and that 1 month of rent will be applied to current month which is July and therefore she will get to stay until the end of July.  Now, if tenant pays the $1700 then that means she gets to stay for the whole month of July.  And for rent of June and eviction I will have to go to higher court which is downtown Houston (I am in Spring, TX) for a judgement.  Only if she does not pay the $1700 by the 8th then I can come back to court on the 9th to get that writ of possession.  

I understand people have the right to appeal and that's what she got the last 5 days, but don't understand why she gets until the 8th (which is another 5 days) to make the payment for current month and gets to stay?  Is there any ways to keep this at the local court where the judge is very landlord friendly, and avoid going to higher court which is downtown?  Is there a way to get her out legally and quickly without having to do the cash for keys?  I think she will be able to come up with the $1700 by the 8th and will stay and this will go on and on.  By now I just want to get her out as soon as I can.

Thanks.

[Elias Camhi]

Hi Courtney, 

unfortunately this happens when tenants understand their rights and use it to buy time.  We have been in this situation a few times and it actually gets prolonged for at least a couple of more months.  In some cases tenant will file a paupers affidavit and courts will allow them to appeal without having to put a whole lot of money into the registry.  Tenants do this to buy themselves time, even if they don't intend to attend the hearing, but it can buy them an extra month or so.

I would highly recommend that you do not represent yourself in County court as some of the judges do prefer you are represented by an attorney, unlike the JP courts.  I would also recommend that you follow through the process to its completion, otherwise the cases stay open and thus never show that the tenants ever was evicted.

Monitor your property to see if the tenant vacates.  If they do, you may be able to go back to the courthouse and tell them the tenant has abandoned the property and bring it back to the original judgement.  Definitely consult with an attorney to help you navigate this the quickest way possible.  Hope this helps.