New Eviction Laws to Take Effect Soon -- Important Changes to Eviction and Eviction Appeals Process Are Coming

San Antonio Eviction Lawyer - Bexar County Eviction Attorney - Trey Wilson Attorney in San Antonio, Texas wrote:

As happens in every odd year, the Texas Legislature conducted its legislative session in 2015. This session (the 84th) resulted in a few new laws that directly impact evictions and eviction appeals in Texas. The following are summaries of the House Bills that directly impact eviction suits.

HB 1853:  Effective 9/1/15 -- H.B. 1853 amends current law relating to the removal of a tenant's personal property after a writ of possession has been issued in an eviction suit.  Specifically, Section 24.0061, Property Code, is amended by adding a new Subsection (d-1), which authorizes a municipality to provide, without charge to the landlord or to the owner of personal property removed from a rental unit under a writ of possession, a portable, closed container into which the removed personal property shall be placed by the officer executing the writ or by the authorized person. The municipality is further authorized to remove the container from the location near the rental unit and dispose of the contents by any lawful means if the owner of the removed personal property does not recover the property from the container within a reasonable time.

HB 1334:  Effective 1/1/2016 -- This new law amends Chapter 24 of the Texas Property Code and seeks to provide a process for ensuring the validity and financial integrity of appeal bonds filed in eviction cases, and to challenge the sufficiency of the bond posted by a tenant who appeals an eviction Judgment. 

HB 3364: Effective 1/1/2016 -- This Bill is aimed at the problematic wait that current law allows commercial tenants to remain in the property after final judgment of eviction has been issued. H.B. 3364 seeks to clarify that a final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises are for residential purposes only. 

Why Your Tenant's Bexar County, San Antonio, Texas Eviction Appeal Is Taking So Long to Go to Court

San Antonio Eviction Lawyer - Bexar County Eviction Attorney Trey Wilson wrote:

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.