Home
Evictions Home
Stage 1
3-Day Notice
Stage 2
Eviction Petition
Stage 3
Court Appearance
Stage 4
Writ Of Possession
Stage 5
Tenant Appeal Information
Stage 6
Abstract of Judgement
Stage 5: Tenant Appeal Information
Disclaimer:
Reilly’s Real Estate Brokerage LLC and its employees are not licensed attorneys and do not provide legal advice or guarantee outcomes in any legal proceedings. The information we offer is intended to educate property owners about the eviction process and provide guidance based on our experience in eviction matters
If The Appeal Is Not Perfected
Scenario 1: Pauper's Oath Filed, No Rent Deposited
If the tenant files a Pauper’s Oath (and you choose not to challenge it) but fails to deposit one month’s rent into the registry: The JOP will still send documents to the county court.
What Can I do?
However, you can file a writ of possession 5 days after the appeal filing date without waiting for the county court trial.
- On the 6th day, file the writ of possession to remove the tenants.
- After tenant removal, contact the county clerk to dismiss the eviction case.
Outcomes
- You will not receive a judgment or be able to file an abstract of judgment from the eviction case.
- To pursue monetary damages (e.g., back rent, property damages, or make-ready costs) or place a judgment on the tenant’s record, file a separate small claims suit. Once a small claims judgment is obtained, you can file an abstract of judgment.
Home
Evictions Home
Stage 1
3-Day Notice
Stage 2
Eviction Petition
Stage 3
Court Appearance
Stage 4
Writ Of Possession
Stage 5
Tenant Appeal Information
Stage 6
Abstract of Judgement