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Special Tenant Rights to Notice During COVID-19

Eviction & Other Landlord Issues

Due to COVID-19, there are some temporary rules that give tenants some additional notice rights prior to eviction.

"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. 

Local Notice Rules

Some local governments have added extra notice requirements:

City of Dallas: The city requires a special 21 day "COVID Notice of Possible Eviction" for all evictions. If tenants respond to the COVID Notice within 21 days and show that they have been impacted by COVID-19, the tenant has 60 days to make up unpaid rent. For more information, see Dallas City Hall's website

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. Tenants have a right to get this 90 days notice until the City Council ends San Marcos' disaster declaration.

Austin: The landlord must give the tenant an extra 28-day notice. The landlord can only give the tenants the required three-day Notice to Vacate and file the eviction with the court after the 28 days have passed. The tenant has the right to make up late rent during these 28 days.

This City of Austin notice requirement does not apply to evictions for rent payments missed after December 31, 2021. This 28-day notice requirement ends on February 28, 2022 unless extended.

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:

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.