United States · Texas eviction cases
When may security be posted after a Texas eviction inability contest is sustained?
If the appellant does not appeal the sustained inability contest or the county court denies that appeal, Rule 510.19(c)(4) permits a compliant appeal bond or cash deposit within one business day. Establish the actual applicable branch and event. Do not replace the eviction rule with the ordinary justice-court five-day option.
- Period
- One business day in the actual paragraph (c)(4) branch
- Trigger
- The applicable no-contest-appeal outcome or actual county-court denial
- Rule
- Texas Rule 510.19(c)(4), (a)–(b), (e)
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
Source guide · No automated date
Check the actual eviction procedure
The conditional branch and actual outcome are not established by the single preset input. This guide calculates no bond date.
Texas Rule 510.19(c)(4), (a)–(b), (e)What lawyers say
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Which event starts this eviction procedure?
The applicable no-contest-appeal outcome or actual county-court denial
Identify whether the sustained contest was appealed.
Obtain the actual relevant order and establish the no-appeal or county-denial branch.
Complete the compliant judge-set bond or cash deposit and separate notice and rent duties.
Texas Rule 510.19(c)(4), (a)–(b), (e)How are days counted in an eviction case?
- One business day in the actual paragraph (c)(4) branch
- Forward from the established branch event using the express business-day unit
- 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. County court denies relief after an earlier justice order. The actual county decision matters; the earlier order cannot silently replace it.
The conditional branch and actual outcome are not established by the single preset input. This guide calculates no bond date.
What conditions must be checked?
- Compliant security
- The option requires bond or cash in compliance with Rule 510.19, including the judge-set amount and stated payable-to-appellee conditions. A drafted bond or request for time is not actual posting.
- No automatic combined result
- The no-appeal branch and actual county denial are different events. A single selected date does not establish either branch. Written notice after bond or cash and required residential rent remain separate.
- 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.
- An express one-business-day conditional security option is different from ordinary appeal perfection and the ordinary justice-court five-day post-contest option.
- The conditional branch and actual outcome are not established by the single preset input. This guide calculates no bond date.
What must be filed, served and preserved?
Common questions about this eviction procedure
When may security be posted after a Texas eviction inability contest is sustained?
Is the ordinary justice-court five-day period available here?
No. The eviction paragraph (c)(4) specifies one business day.
Texas Rule 510.19(c)(4)Does filing notice complete the bond-or-cash option?
No. Actually post compliant security and assess the separate notice duty under paragraph (e).
Texas Rule 510.19(b), (c)(4), (e)Must the actual county decision be checked?
Yes. County denial is a stated branch event; do not substitute the original judgment or initial contest order.
Texas Rule 510.19(c)(4)Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Texas Rule 510.19(c)(4), (a)–(b), (e) | The actual actor, event and required acts |
| Texas Rule 510.19(b), (c)(4) | Compliant security |
| Texas Rule 510.19(c)(4), (d)–(e) | No automatic combined result |
| 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 |