Q: Can you get a motion to stay writ of posession granted if there were errors made in court due to improper notice vacate

A: First, the mold, lack of electricity, water leaks, ant infestation, etc. are not relevant in an eviction case. The most common reason for an eviction case is non-payment of rent. If a tenant is not current on rent, the landlord has no duty to repair. Even if a landlord has a duty to repair, a tenant is not allowed to withhold rent unless the tenant has followed the procedure set forth in the lease and/or Texas Property Code to have the issues repaired by the tenant at the tenant's cost and expense. Only then is a tenant entitled to deduct the amount paid from any rent owed.

As to proof of delivery of the notice to vacate, a landlord's own testimony that he posted the notice on the door of the premises is sufficient to support an eviction without more. Further "proof of delivery" such as a signature or photo of the notice posted on the door is not required to support an eviction.

Neither of these "reasons" will stay a writ of possession. If the eviction case has been timely appealed, the tenant can stay a writ of possession by posting a cash deposit or supersedeas bond in an amount set by the justice of the peace court within five days of the date the judgment in the eviction case was signed. This is typically the amount of rent and other damages found by the justice of the peace court at the time of the eviction. The defendant-tenant must also timely pay all rent due during the pendency of the appeal to the county court.