Texas Eviction Laws: Understanding Bonds for Immediate Possession

If tenants don't pay their rent or break other important lease terms, they might face eviction -- a legal process in which a landlord sues for the right to bar the tenant from the premises. Texas has two types of evictions: regular evictions and bonds for immediate possession. In a bond for immediate possession, a landlord posts a bond to ensure he pays the defendant's court costs if the landlord loses the case.

10-Day Period

If you put up a bond for immediate possession in Texas, an eviction hearing can take 10 days rather than the 23 days that an eviction process normally takes. This type of eviction requires you to take a risk because if you lose the eviction lawsuit, the money you paid for the bond is used to pay the defendant's court costs. Thus, you shouldn't engage in this type of eviction lawsuit unless you are certain you will win.

Defendant's Response

The defendant has the right to respond to a bond for immediate possession. If the defendant requests a trial or posts a counterbond, the Texas court must hear both sides and determine whether you have the right to evict the defendant or not. If this happens, the eviction lawsuit may take as long as a regular eviction lawsuit; there is no time advantage if the case goes to trial.

Surety

The Texas court in the county where you own property sets the bond amount you must pay to file a bond for immediate possession. A bond ensures that you will pay the defendant's court costs if you should lose the case. This discourages people from filing frivolous lawsuits because you will lose the money you put up for the case in the event that the court rules in favor of the defendant.

Appeals to Cases

Whether you file a bond for immediate possession or file a regular eviction law suit, Texas defendants have the right to appeal. Defendants must post a bond to appeal a case. However, if they can't afford to post a bond, they have the right to file a Pauper's Affidavit stating that they can't afford a bond, and they may be able to appeal without one.