Suing After Deadline

Brendan Reeder Jun 03, 2021
2 min read
Suing After Deadline

Everyone makes mistakes, and sometimes people miss deadlines. We’re all human. But if you are a multifamily property owner in Texas who has missed the deadline to file a protest of value with your local appraisal district, there may be little hope for suing in court. 

In Texas, deadlines are everything and there are consequences to missing them. The Texas Tax Code requires taxpayers to “exhaust their administrative remedies” before they are able to file a property valuation appeal to court. In layman’s terms, this means you cannot file a lawsuit against your taxing county unless you have attempted to lower your property’s value through their administrative appeal process. This creates big issues for owners who have missed their appeal date but feel their values are unjustifiably high. Most will be stuck with this value. However, certain factors could be in play that may just save a few owners.

Correcting Errors on the Roll

As stated in a previous article, there is hope for property owners who have missed their deadlines and can meet specific requirements. Section §25.25 of the Texas Tax Code allows a taxpayer to correct certain errors that can result in lowered taxable values regardless of regular appeal deadlines. These appeals can be filed all year round. While these protests do not allow taxpayers to skip the administrative appeal process and go to court directly, they do give owners the opportunity to again “exhaust their administrative remedies”.If there is an unfavorable result after following proper procedure (an appeal and resulting Appraisal Review Board), the taxpayer may then file a lawsuit against the taxing jurisdiction.

Wayfinder’s Guidance

Missing an appeal deadline can impact a multifamily property owner’s bottom line terribly, as well as the communities they serve. As an owner in Texas, you need a strong ally that can help guide you through this significant time and yield more tax savings.

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