Texas court deadline
How long do I have to appeal an eviction in Texas?
To appeal a Texas eviction judgment, you file a bond, make a cash deposit, or file a Statement of Inability to Afford Payment of Court Costs with the justice court within 5 days after the judgment is signed. Weekends count.
- What the date means
- The last day to appeal an eviction judgment by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court.
- The clock starts
- Use the date the justice of the peace SIGNED the judgment, not the date you got a copy. Eviction deadlines are very short.
- Applies to
- Eviction cases in justice court. Either side may appeal.
- Rule
- Tex. R. Civ. P. 510.19(a); 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(a), 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
- Only 5 days, and every calendar day counts, including weekends (Rule 510.4).
- The rule moves the last day past a Saturday, Sunday, or a state or federal holiday. ProSeFiler moves it only for weekends and national holidays and warns you about state holidays, so it may show an earlier date. Filing earlier is safe.
- A tenant who appeals must swear, under penalty of perjury, a good-faith belief that they have a meritorious defense and that the appeal is not for delay.
- No motion for new trial may be filed in an eviction case (Rule 510.18(i)).
- In a residential eviction, a tenant who appeals must also pay rent into the court registry within 5 days of filing the appeal to stay in the home. Use the “I appealed a residential eviction” option.
- A writ of possession generally cannot issue before the 6th day after the judgment is signed or the day after the appeal deadline, whichever is later (Rule 510.18(g)).
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.
ProSeFiler’s Deadlines tool counts this rule from your date, shows every step, and warns you about weekends and holidays.
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Common questions
How long do I have to appeal an eviction in Texas?
To appeal a Texas eviction judgment, you file a bond, make a cash deposit, or file a Statement of Inability to Afford Payment of Court Costs with the justice court within 5 days after the judgment is signed. Weekends count. The last day to appeal an eviction judgment by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court.
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 cases in justice court. Either side may appeal.
Where does this rule come from?
Tex. R. Civ. P. 510.19(a); 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.