How to Delay a Sheriff Lockout With an Eviction Appeal in Texas

If you are facing eviction in Texas and have received notice that a constable (the local equivalent of a sheriff) may soon change your locks, you may still have options. Texas law allows renters to temporarily stop, or "stay," a sheriff (constable) lockout by filing an appeal. Understanding your rights and knowing what steps to take can provide important protections and peace of mind while you gather your next steps and possibly seek legal help.

Understanding the Eviction Appeal Process in Texas

When your landlord files for eviction, your case is usually heard first in the Justice Court. If the judge rules against you (orders you to move out), you typically have five days from the judgment to appeal the decision. Appealing the eviction can stop ("stay") the constable lockout while your case moves to the next court, known as the County Court at Law.

What is a Sheriff or Constable Lockout?

In Texas, after a landlord wins an eviction case and receives a judgment for possession, a constable may issue a Writ of Possession. This legal document authorizes the constable to remove renters and change the locks on the property. Once the writ is issued, lockout can happen in as little as 24 hours after posting the notice on your door.

How Filing an Appeal Can Delay the Lockout

Filing a timely and proper appeal in Texas can halt a constable lockout while your eviction case is reviewed by a higher court. This gives you critical time to prepare your case or seek alternatives.

Relevant Forms for Texas Renters

• Notice of Appeal (no standard form number):
  
  • Use when you want to appeal a Justice Court eviction judgment.
  • File within 5 calendar days after judgment. Submission must be made at the same Justice Court where your eviction was heard.
  • Example: If you lost your eviction case on Monday, you must file the appeal by Saturday.
  • Official information and form access: Civil Case Information Sheet (Texas Courts)
• Pauper's Affidavit (Statement of Inability to Afford Payment of Court Costs) (Form JDF 905):
  
  • If you cannot afford the appeal bond or required court fees, file this form with your Notice of Appeal.
  • Provides the ability to appeal without paying filing costs upfront.
  • Official form and information: Texas Statement of Inability to Afford Payment of Court Costs

Which Court Handles Rental Eviction Appeals?

Eviction appeals in Texas are handled first by the Justice Courts, with appeals heard by the County Court at Law. You can learn more about rental eviction processes and tenant rights from the Texas Department of Housing and Community Affairs (TDHCA).

Which Laws Govern Eviction Appeals?

The main laws governing Texas residential tenancies and eviction appeals are found in the Texas Property Code Chapter 24 (Forcible Entry and Detainer) and the Texas Property Code Chapter 92 (Residential Tenancies).¹

Step-by-Step Guide: Staying a Sheriff Lockout Through Appeal

For renters in Texas, following the correct steps is essential to protect your rights and ensure your lockout is stayed while your appeal is considered.

• Read your eviction judgment carefully—the 5-day appeal clock starts the day after the judge’s decision.
• Complete the Notice of Appeal and, if needed, the Statement of Inability to Afford Payment of Court Costs.
• File these forms in person at the Justice Court office where your case was heard. Ask staff to date-stamp your copy for your records.
• If you file a Statement of Inability, the court cannot require payment until it decides on your statement, which may give you extra time.
• If you have questions, contact your local Justice Court, the TDHCA, or ask for legal aid.

What to Expect After Filing an Appeal

After your appeal is filed, the constable cannot legally enforce the lockout as long as you meet all requirements. The case will move to the County Court at Law, and you’ll be notified about your new court date. If you filed a Statement of Inability, the landlord has a limited time to contest your eligibility; if successful, the court will inform you how to proceed.

Remember to follow all instructions from the court and attend your hearings. Missing a deadline or court appearance could let the eviction and lockout go forward.

FAQs: Staying a Sheriff Lockout During Eviction Appeals in Texas

1. Can the constable lock me out right after I file an appeal?
   No. Filing a proper and timely appeal within 5 days of judgment stays the lockout until the appeal is resolved.
2. What if I can’t afford the appeal bond or court fees?
   You can file a Statement of Inability to Afford Payment of Court Costs to request a waiver. Use the official form and submit it with your appeal documents.
3. Where do I turn in my appeal documents?
   Submit your Notice of Appeal and any supporting forms at the Justice Court that heard your original eviction case.
4. Will I get a new hearing if I appeal?
   Yes. The County Court at Law will notify you of a new court date where your appeal will be heard.
5. What’s the deadline for filing an appeal?
   You must file within five days after the eviction judgment is signed. Saturdays, Sundays, and holidays are counted.

Conclusion: Key Takeaways for Texas Renters

For Texas renters facing eviction, acting quickly can provide crucial protection:

• Appeal your eviction judgment within five days to delay a sheriff (constable) lockout.
• Use official forms and consider the Statement of Inability if you can’t afford fees.
• Stay in close contact with your court and attend all court dates.

Knowing your rights and deadlines under Texas law gives you the best chance to keep your home while your appeal is considered.

Need Help? Resources for Renters

• Find Your Local Justice Court (Texas Courts Directory)
• Texas Department of Housing and Community Affairs (TDHCA)
• Texas Law Help: Eviction Information
• Legal Aid: Texas Legal Services Center or Texas Law Help Legal Aid Directory

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1. Texas Property Code Chapter 24: Forcible Entry and Detainer
2. Texas Property Code Chapter 92: Residential Tenancies
3. Texas County Courts at Law - Jurisdiction
4. Texas Department of Housing and Community Affairs - Texans Page

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