The Rent Payment That Goes With Your Appeal

An eviction appeal has two separate parts. The first is filing the appeal itself, which is covered in our article on how to appeal an eviction judgment. This article is about the second part: paying rent into the court while your appeal is pending. It is separate from filing the appeal, and it has its own deadline.

What you pay.

You pay one rental period's rent, in the amount the judge states in the judgment. You pay it into the court, not to your landlord. You pay the first one no later than 5 days after you file the appeal. After that, you pay again on or before the beginning of each rental period while the appeal is pending.

How you find out the details.

When you file your appeal, the court must give you a written notice. It lists the amount you owe, whether it must be paid in cash, a cashier's check, or a money order, who to make a check or money order out to, the exact date it is due, and what time the court closes that day. Follow that notice exactly. The safest plan is to make this payment as early as you can, within 5 days of the judgment.

What happens if you miss it.

The court's notice warns that if you don't pay the required amount on time, the court may issue a writ of possession without a hearing. That is the danger. It means you could lose your home while the appeal is still pending.

The Statement of Inability does not take the place of this payment. If you file a Statement of Inability to Afford Payment of Court Costs, it takes the place of the appeal bond. You still have to pay the rent into the court.

A few more things to know.

The court can release the money you pay in to your landlord on request, so plan on it not coming back to you. Each payment covers only the rental period you paid for. If part of your rent is paid by a government agency, either side can contest what portion you owe, and that has to be filed within 5 days of the judgment. Under the 2026 law, this rent rule applies to residential eviction appeals in general, not only cases about unpaid rent.

What to do right away.

Photograph the court's written notice and save it in your NeighborSTAND Documents. Keep the receipt for every payment you make. If you cannot afford the payment, talk to the court and a legal aid advocate right away. NeighborSTAND's Resources directory lists legal aid groups.

Read the law yourself.

This is the wording from the Texas Legislature's own website, from Section 24.0053(a-2). Tap the picture to open the full bill, Senate Bill 38. Underlined text is the new law. Text in brackets with a line through it is old wording that was removed.

Open Senate Bill 38 on the Texas Legislature website