United States · Texas eviction cases
When must a Texas justice-court eviction appeal be perfected?
A party may perfect an eviction appeal within five days after judgment signing by filing a compliant bond, making a cash deposit or filing an inability Statement with the justice court. A defendant must provide the stated good-faith and meritorious-defense affirmation under penalty of perjury. Ordinary notice alone is not the perfection instrument. Residential rent and county costs have separate requirements.
- Period
- Five calendar days after signing for the specified appeal perfection instrument
- Trigger
- Actual signing of the eviction judgment
- Rule
- Texas Rule 510.19(a)–(d), (h), 510.18(i)
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
Source guide · No automated date
Check the actual eviction procedure
The existing short-period counting preset does not support a verified five-day result. This guide publishes the actual requirements without a computed date.
Texas Rule 510.19(a)–(d), (h), 510.18(i)What lawyers say
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Which event starts this eviction procedure?
Actual signing of the eviction judgment
Obtain the actual signed judgment and lawsuit filing date.
Select and actually complete the compliant bond, cash or Statement in the justice court.
For a defendant, complete the required affirmation and assess residential rent and county fee duties.
Texas Rule 510.19(a)–(d), (h), 510.18(i)How are days counted in an eviction case?
- Five calendar days after signing for the specified appeal perfection instrument
- Forward from actual signing, excluding that day under Rule 510.4
- Identify actual court closure and the required act before applying a period.
Rule 510.4 excludes the event day and counts every intermediate day, including weekends and state or federal holidays. A final weekend or state or federal holiday moves to the next eligible day. If the last filing day falls when the court is closed for all or part of that day, filing moves to the court’s next business day. Check actual closure separately. Express business-day periods and backward minimum notice require their own assessment. The general Rule 4 short-period exclusion does not apply.
Rule 510.5(c) separately requires service of noncitation papers on all other parties and a signed written certificate stating manner and date. Email uses an address expressly provided by the receiving party; after 5:00 p.m. recipient local time it is deemed served the following day. This text does not state the ordinary Rule 501.4 written-consent requirement. Mail-only service adds three days to a document-response period, not automatically to every signing or filing period. Party-requested court proceedings ordinarily require all-party notice at least three days before the proceeding. Citation and petition service instead follows Rule 510.8.
Texas Rule 510.4–.5How do the conditions change the procedure?
Fictitious facts. A defendant files only a document titled notice of appeal and assumes rent is unnecessary. Neither the required perfection instrument nor registry conditions are established.
The existing short-period counting preset does not support a verified five-day result. This guide publishes the actual requirements without a computed date.
What conditions must be checked?
- Eviction security amount
- The judge sets bond or cash with the Rule 510.21 items and applicable registry rent considered. It must be payable to the appellee with the stated prosecution and judgment-and-costs conditions. Do not import the ordinary justice-court $500 plaintiff or twice-judgment defendant amount.
- No new-trial restart
- Rule 510.18(i) prohibits a motion for new trial. The ordinary Rule 505.3 motion and appeal timetable does not supply an eviction restart. The defendant’s required affirmation is not reviewable by the justice court.
- Actual lawsuit edition
- The amended order, Misc. Docket No. 25-9105, paragraphs 4 and 6, makes the amendments effective January 1, 2026 and applies rewritten Rule 510 only to eviction lawsuits filed on or after that date. Earlier lawsuits use the earlier rules even when a hearing, judgment or appeal occurs later. The order is titled preliminary approval but expressly establishes effectiveness. Check later amendments and the actual lawsuit filing date. The October 1 consolidation date is not this transition date.
- Eviction has a standalone procedure
- Rule 510 governs the eviction lawsuit under Property Code Chapter 24. It does not govern pre-lawsuit notices to pay rent or vacate or notices to vacate. Rule 510.1(b) excludes other Civil and Evidence Rules unless specifically provided by law or these rules and prohibits a justice court from modifying or suspending Rule 510. The ordinary Rules 500–507 fairness and extension provisions are not an independent eviction extension power.
- Eviction uses five days from signing and specified perfection instruments. The ordinary twenty-one-day justice appeal and postjudgment motions are different procedures.
- The existing short-period counting preset does not support a verified five-day result. This guide publishes the actual requirements without a computed date.
What must be filed, served and preserved?
Common questions about this eviction procedure
When must a Texas justice-court eviction appeal be perfected?
Can I perfect with a notice alone?
Paragraph (a) specifies bond, cash deposit or inability Statement with the justice court. Notice service under (e) is a separate duty.
Texas Rule 510.19(a), (e)Does an eviction new-trial motion extend appeal?
Rule 510.18(i) prohibits a motion for new trial. Do not import the ordinary justice-court motion timetable.
Texas Rule 510.18(i)Does the appeal always suspend possession without more?
Residential registry-rent requirements must separately be assessed under paragraph (d), along with the applicable writ restriction.
Texas Rule 510.19(d), 510.18(g)(3)Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Texas Rule 510.19(a)–(d), (h), 510.18(i) | The actual actor, event and required acts |
| Texas Rule 510.19(a)–(b) | Eviction security amount |
| Texas Rule 510.18(i), 510.19(a) | No new-trial restart |
| Texas Rule 510.4 | Every-day counting, final holidays and court closure |
| Texas Rule 510.5 | Written filing, permitted methods and separate effective service |
| Misc. Docket No. 25-9105, paragraphs 4 and 6 | Effective date and lawsuit-filing transition |