Notice is when the landlord warns the tenant, in writing, that they plan to pursue eviction. Notice must take place before the landlord can file for eviction in court.
During COVID-19, some cities made temporary rules giving tenants additional notice rights prior to eviction. Some of these rules are still in place or have become permanent.
Local Notice Rules
Some local governments have added extra notice requirements:
City of Dallas: The city requires an extra 10-day notice for residential evictions. If tenants contact the landlord within 10 days and show that they have applied for rental assistance, the tenant has 60 days to make up unpaid rent. The tenant does not have to actually receive rental assistance funds to qualify for the 60-day grace period, so long as they have applied. The tenant should keep a record of all communications with the landlord as evidence that they qualify for these protections.
Note that this rule replaces the previous 21-day notice requirement, under which tenants had to show financial hardship due to COVID. The new rule does not require COVID-related hardship.
San Antonio: Landlords must give tenants facing eviction a Notice of Renters Rights or risk a $500 fine.
San Marcos: The city passed a rule that requires landlords to give 90 days written notice to tenants before they can issue a notice to vacate, prior to filing for eviction. The tenant has the right to make up for unpaid rent during this 90 days. This extra 90-day notice will no longer be required for notices to vacate issued after June 30, 2023.
Austin: Austin residential tenants have seven days to pay missed rent before the landlord can file eviction for nonpayment.
CARES Act Notice
The CARES Act Section 4024 gave renters a number of protections that have since expire. However, the act may still require some landlords to give an extra 30-day notice in addition to the notice Texas law requires.
The CARES Act notice requirement applied to any property that is "insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government." There is some disagreement about whether this requirement is still in effect. However, many advocates believe that tenants are still entitled to a 30-Day Notice to Vacate if the landlord:
- Participates in any qualifying federal housing program, such as Section 8 or Housing Choice
- Has been partially purchased by or received loans from Fannie Mae or Freddie Mac
Learn how to find out if the CARES Act applies to your home. See also this Texas RioGrande Legal Aid article for more information about the CARES Act.