Can a tenant file a temporary restraining order to stop eviction?

UPDATED: Jan 11, 2012

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Can a tenant file a temporary restraining order to stop eviction?

 The landlord  (me) has already won a judgment against him for eviction at the lower court.

Asked on January 11, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the landlord has a judgment for your eviction arising out of an unlawful detainer action where you are to be evicted by a set date, you can file a petition for a temporary restraining order to stop the eviction with the court.

However, you need to have very good cause to succeed on the petition such as serious health issues and proof that actual payment of some rent owed to your landlord has been recently paid. The reason for such statement is that the court's rarely grant a retraining order to stop an eviction after there has been a judgment in favor of the landlord allowing the eviction.

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