Most landlords/property owners who find themselves the victim of an appeal by a tenant who was evicted in the Justice of the Peace (J.P.) court aren't familiar with the lay of the land once that appeal goes to the County Court at Law.
By law, any party (landlord or tenant) may appeal a Justice Court's Eviction decision to the County Court at Law. This is a matter of right. Further, the appeal is taken de novo, which means "new," or as I explain things: "as if the first trial never occurred."
The rules of the game are much different in the County Court at Law. This is, in part, because the JP Courts are designed to be "user friendly" and serve as the "people's court." The County Court does not make this claim, and is further governed by standards which don't apply to Justice Court. Among these are the Texas Rules of Evidence.
As a lawyer who handles evictions and eviction appeals on behalf of landlords, property owners and property managers, I am frequently contacted by such a person who finds that their tenant's appeal is "languishing" in the County Court at Law. Often, during this period of non-activity, the tenant continues to live rent-free, and "nothing is happening."
Many folks have the same inquiry: "When will the County Court at Law schedule the tenant's eviction for trial?"
The Answer is simple and universally true: "Not until somebody requests a trial date in writing."
I realize that this is a departure from what happened in the JP Court. The procedure there (at least in Bexar County) is that a trial date is set at the time that the eviction suit (FE & D) is filed. This is absolutely, positively not the case in the County Court at Law.
In the Bexar County County Courts at Law, the Clerk will set the case for trial only upon receipt of a properly filed "Motion to Set," which the party setting the case is required to send to the opposing party.
It makes sense that the already-evicted Tenant who continues to possess the rental dwelling has a vested interest on letting their appeal sit on the docket. Stated differently, the appellant/tenant has no incentive to set the appeal for trial. Thus, it is imperative upon the landlord to obtain a trial setting. Otherwise, the case will remain dormant for quite some time.
Fortunately, there is a mechanism for an expedited trial in non-payment of rent appeals. In other cases, trial can be scheduled at the Court's earliest availability.
If you are a landlord, property owner or property manager who finds yourself as the Appellant in a Tenant's eviction appeal, you may be well advised to seek the assistance of an experienced evictions lawyer who understands the process, personalities and rules of the game at the County Court at Law.
