Tex. Prop. Code Ann. §§ 24.001–24.011 § 24.0052
TENANT APPEAL ON STATEMENT OF INABILITY TO AFFORD PAYMENT OF COURT COSTS.
Operative Text
Sec. 24.0052. TENANT APPEAL ON STATEMENT OF INABILITY TO AFFORD PAYMENT OF COURT COSTS. (a) If a tenant in a residential eviction suit is unable to pay the costs of appeal or file an appeal bond as required by the Texas Rules of Civil Procedure, the tenant may appeal the judgment of the justice court by filing with the justice court, not later than the fifth day after the date the judgment is signed, a statement of inability to afford payment of court costs sworn before the clerk of the justice court or a notary public that states that the tenant is unable to pay the costs of appeal or file an appeal bond. The statement must contain the following information:(1) the tenant's identity;(2) the nature and amount of the tenant's employment income;(3) the income of the tenant's spouse, if applicable and available to the tenant;(4) the nature and amount of any governmental entitlement income of the tenant;(5) all other income of the tenant;(6) the amount of available cash and funds available in savings or checking accounts of the tenant;(7) real and personal property owned by the tenant, other than household furnishings, clothes, tools of a trade, or personal effects;(8) the tenant's debts and monthly expenses; and(9) the number and age of the tenant's dependents and where those dependents reside.(b) The justice court shall make available a form that a person may use to comply with the requirements of Subsection (a).(c) The justice court shall promptly notify the landlord if a statement described by Subsection (a) is filed by the tenant.(d) A landlord may contest a statement filed under this section on or before the fifth day after the date the statement is filed. If the landlord contests the statement, the justice court shall notify the parties and hold a hearing to determine whether the tenant is unable to pay the costs of appeal or file an appeal bond. The hearing shall be held not later than the fifth day after the date the landlord notifies the court clerk of the landlord's contest. At the hearing, the tenant has the burden to prove by competent evidence, including documents or credible testimony of the tenant or others, that the tenant is unable to pay the costs of appeal or file an appeal bond.(e) If the justice court approves a statement filed by a tenant under this section, the tenant is not required to pay the county court filing fee or file an additional statement in the county court under Subsection (a). Added by Acts 2005, 79th Leg., Ch. 1185 (H.B. 62), Sec. 1, eff. September 1, 2005.Amended by: Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 10, eff. January 1, 2026.
Texas Property Code § 24.0052 establishes a process by which a residential tenant who cannot afford the costs of appealing an eviction judgment may file a sworn statement of financial inability with the justice court within five days of the judgment being signed. The statement must detail the tenant's income, assets, debts, and dependents, and the court is required to provide a form for this purpose. If the justice court approves the statement, the tenant is relieved from paying the county court filing fee and does not need to file an additional statement at the county court level. A landlord who disputes the statement has five days to contest it, triggering a hearing at which the tenant must prove their inability to pay.
Plain English — not legal advice.
Under Tex. Prop. Code § 24.0052, landlords in residential eviction proceedings are entitled to prompt notice from the justice court whenever a tenant files a sworn statement of inability to afford appeal costs. A compliant landlord who wishes to challenge such a statement generally does so within the five-day window provided by the statute, after which the court schedules a hearing. Operators familiar with this provision typically maintain records of the eviction timeline so they can respond within the statutory deadlines if they believe a tenant's financial claims are inaccurate.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 24.0052 of the Texas Property Code gives residential tenants who cannot afford appeal costs or an appeal bond a formal pathway to still pursue an appeal of an eviction judgment by filing a sworn financial statement with the justice court no later than five days after the judgment is signed. The justice court is required to provide a form to help tenants meet the detailed disclosure requirements, and an approved statement can eliminate the county court filing fee. Tenants who believe this provision applies to their situation may wish to contact a local tenant-rights organization or legal aid office to understand the filing deadlines and what documentation is typically needed to support the statement at a potential hearing.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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