Special Tenant Rights to Notice During COVID-19
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.
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: https://dallascityhall.com/departments/fairhousing/Pages/COVID-19-EVICTION-FACTS.aspx.
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: In the cases where Austin does allow landlords to evict for nonpayment, the landlord has to give the tenant an extra 60-day notice. The landlord can only give the tenants the three-day Notice to Vacate and file the eviction with the court after the 60 days have passed. The tenant has the right to make up late rent during these 60 days. This 60-day notice requirement lasts until March 5. That means the protection can last up until May 5, 2021.
The CARES Act Section 4024 gave renters a number of protections that have since expire. However, the act still requires some landlords to give an extra 30-day notice in addition to the notice Texas law requires. Note that this extra notice is only for evictions due to unpaid rent.
The CARES Act notice requirement applies to any property that is "insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government." That means you are entitled to a 30-Day Notice to Vacate if your 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.