Notice to Vacate differs from eviction suit

Did you bring up the discrepancy in court?

 

What is the basis for your appeal?

 

You may wish to review the following information: Guides: Landlord/Tenant Law: Appealing an Eviction

 

Since you failed to raise the discrepancy at the time of trial or in any sort of pre-trial motion, then you may be barred from raising an issue for the first time on appeal.

I'd suggest conferring with a local attorney...ASAP (since the time to appeal is typically very short).

 

He doesn't need one, probably. Most evictions are held in JP courts and either party can request a de novo hearing if they make the request within five days.

 

What was the violation?
How many days were you given?
Did you respond to that notice, in writing, stating why your tenancy shouldn't be terminated.?

And what was that violation?
Did you address that violation either with a written answer or in court?

Generally (and this might or might not apply) when you appeal a court decision your grounds for appeal has to be related to a decision the judge made at trial, a decision that was based on the facts and the evidence presented at the trial.

By your own admission you failed to raise a defense of the change in cause. If the judge otherwise made no error in ruling on the facts and evidence presented you may not have proper grounds for appeal.

With that in mind, I echo Zigner's question. What is the basis for your appeal?

I also pointed that out. But further research suggests that flyingron is correct and the appeal is by right and the appeal trial is de novo (a do-over).

This document from Dallas County is a more comprehensive guide to the appeal process, though specific procedures may differ somewhat in a different court.

Eviction.pdf (dallascounty.org)

"(7) Once the tenant files a written answer, the County Court will set the matter for trial. The tenant must appear at the trial to present evidence (documents, witnesses, etc.) that he or she has paid the rent, has not violated the lease agreement, or is otherwise entitled to remain in the leased property."

Back to you, ninelvkat, it looks like you will have to prove that you did not commit any violations of the lease, whether notified or not.

 

What do you mean by "in the process of appealing?"
When was the case heard?
When did you file your appeal?
Have you filed your written answer? If so, when did you submit it?

 

Per the document you provided, this will be a "new trial", but it is in a higher court that is likely more formal and rigid. The OP would do well to have an attorney.

 

I would agree that no reason (basis) is required for the appeal, but the OP must have some reason for feeling that there was no violation of the lease.

 

Sounds like a non-issue to me.

 

What do you mean by "in the process of appealing?"
When was the case heard?
When did you file your appeal?
Have you filed your written answer? If so, when did you submit it?

 

Then the owners didn't need a reason to terminate your tenancy. An appeal based on reasons or lack of reasons is likely to fail.

However, notice of termination would have to have been one month per Texas Property Code 91.001:

Texas Property Code Section 91.001 (2022) - Notice for Terminating Certain Tenancies :: 2022 Texas Statutes :: US Codes and Statutes :: US Law :: Justia

You didn't answer my question about how many days notice you were given. If it was less than a month you might win the appeal only to find that you've delayed the inevitable.