Texas court deadline
How long does a landlord have to contest a Statement of Inability in an eviction appeal?
In an eviction appeal, a Statement of Inability to Afford Payment of Court Costs may be contested within 5 days after the opposing party receives notice that it was filed.
- What the date means
- The last day to contest the other side’s Statement of Inability to Afford Payment of Court Costs filed to appeal an eviction judgment.
- The clock starts
- When someone appeals without paying a bond, they file a Statement of Inability to Afford Payment of Court Costs. The court must notify the other parties. Use the day you got that notice.
- Applies to
- Eviction appeals only.
- Rule
- Tex. R. Civ. P. 510.19(c)(2), 510.7(d); Tex. R. Civ. P. 510.4
How to count it
Do not count the starting day. Count 5 calendar days, including weekends and holidays. If the last day is a Saturday, Sunday or legal holiday, the deadline moves to the next day that is not.
Worked example
Say the starting date was Monday, June 1, 2026. Here is each step:
- Start: Monday, June 1, 2026. That day itself is not counted.
- Count 5 calendar days: Saturday, June 6, 2026.
- Saturday, June 6, 2026 is a Saturday, so it moves to the next day.
- Sunday, June 7, 2026 is a Sunday, so it moves to the next day.
Under Tex. R. Civ. P. 510.19(c)(2), 510.7(d), counting from Monday, June 1, 2026, the computed date is
Monday, June 8, 2026
This is an example only. Your own date depends on your starting date and your court.
Watch out for
- Eviction time counts every calendar day, including weekends (Rule 510.4).
- The contest must contain sworn evidence, not just allegations, that the Statement was materially false or is no longer true (Rule 510.7(d)).
- A Statement filed with a legal-aid provider’s certificate cannot be contested (Rule 510.7(c)).
Not reviewed by an attorney. ProSeFiler’s deadline rules were written from the official rule text, but no lawyer has reviewed them. Read the rule yourself and confirm every date with the court clerk.
Count your own date.
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Common questions
How long does a landlord have to contest a Statement of Inability in an eviction appeal?
In an eviction appeal, a Statement of Inability to Afford Payment of Court Costs may be contested within 5 days after the opposing party receives notice that it was filed. The last day to contest the other side’s Statement of Inability to Afford Payment of Court Costs filed to appeal an eviction judgment.
Does a weekend or holiday change the date?
Yes. If the last day falls on a Saturday, Sunday or legal holiday, the deadline moves to the next day that is not one (Tex. R. Civ. P. 4; Tex. R. App. P. 4.1; Tex. R. Civ. P. 500.4 in justice court). Courts also close for local reasons, so call the clerk ahead of time.
Who does this rule apply to?
Eviction appeals only.
Where does this rule come from?
Tex. R. Civ. P. 510.19(c)(2), 510.7(d); Tex. R. Civ. P. 510.4. Read the official text yourself and confirm the date with the court clerk. ProSeFiler last checked this rule against the official text on Sunday, November 8, 2026.