Apply. You can apply for help with rent through the Texas Rent Relief [4] program, programs you can find on your local city or county website, and the organizations listed here  [5]and here [6].

If your landlord has already sued you for eviction, the Texas Eviction Diversion Program [7] may be able to help with rent, end the case, and seal the eviction on your record.

Yes. Even if a you are or were protected by an eviction ban, you still owe rent. All of the eviction bans so far have only made it so that that courts will not hear eviction cases until a later date. Be sure to apply for rent assistance [11] if you cannot pay rent.

Remember that if you do not pay rent, you may still get evicted when the court eventually hears your case. In most cities, landlords can choose to not accept late rent even if an emergency order prevents them from evicting you right away.

Yes. Your landlord has to follow strict rules and file a court case before they can evict you. Find out about the eviction process here [12].

Some local governments also have special notice requirements. In these areas, the landlord may have to give you extra time to find a new home or make up rent. See information about special notice requirements here [13].

CDC Order

The CDC has issued an order that stops evictions for nonpayment of rent through at least March 31, 2021 [Updated 1/21/21]. This may protect you even if you have already lost an eviction case. You must sign a declaration and give a copy to your landlord to receive these protections. Keep a copy of the document and proof that you gave it to your landlord so you can show the court or constable. See our article on the CDC order [8] for more information and forms.

Writ of Possession

The law gives you five days after you lose your eviction hearing before you can be served the final 24 hours notice to vacate (notice of writ of possession). You can use this time to appeal.

Appealing your eviction: You normally have 5 calendar days after your hearing to appeal an eviction to County Court. If the court is closed or closes before 5:00 PM on the fifth day, you have an extra day to file your appeal. 

Texas Rio Grande Legal Aid has forms to help you appeal [17] as well as general information on eviction.

A landlord can still give you an eviction notice and then file an eviction case unless prohibited by local or federal rules. If you give your landlord a CDC declaration [8], they can still challenge it in court -- so be sure to save evidence [19]of how you qualify to use the declaration.

Some areas still ban evictions outright. Be sure to check to see what rules against evictions there might be in your area.

Talk to Your Landlord

You may be able to come to an agreement with your landlord. Many landlords would rather get partial payment rather than find a new tenant. Also, the Texas Eviction Diversion Program [7] can help pay for up to 15 months' rent if your landlord agrees to participate.

CDC Declaration

Give your landlord a signed CDC declaration form if you meet the requirements. Then file the declaration with the court.

The Centers for Disease Control has given tenants a way to avoid eviction for nonpayment of rent through March 31, 2021. The tenant must sign a form and give it to the landlord to receive protections. See this article on the CDC Moratorium [8] for more information.

Answer Form

File an Answer. You can use this Eviction Answer Toolkit [2] to file an Answer in your case. An Answer tells the court that you want the landlord to prove that you should be evicted. Our Answer form also allows you to list any defenses to eviction that you may have. In addition to any letters you send your landlord (see below), if you get a Notice to Vacate then you should file an Answer as soon as possible.

Reasonable Accommodation

Consider asking for a reasonable accommodation to let you stay in your home. Landlords have to take reasonable steps to help people who have disabilities. Being at risk for COVID-19 may be considered a disability. Read this article [21] to learn more about how ask for a reasonable accommodation that may help you stay in your home. Disability Rights Texas also has a tool [22]to help you write a reasonable accommodation request letter.

Appeal

If you lose your eviction case, decide whether to appeal. You have the right to appeal within 5 days of the hearing. Go to Texas RioGrande Legal Aid to get forms to help you appeal your case [17], as well as more information on the eviction process.

If you stay past the end of your lease against your landlord's wishes, your landlord can evict you in most cases. The CDC order does not apply to evictions for staying past the end of the lease. A landlord can refuse to renew a lease for most any reason.

One exception is if your landlord refuses to renew as retaliation [24].

Another exception is if you live in Austin or Travis county. Austin and Travis County protect tenants from eviction for nonpayment and minor lease violations even after their lease has expired. However, these protections are set to expire on April 1, 2021.

No. Your landlord is not supposed to ask about illnesses or other disabilities, nor can your landlord treat you differently than anyone else due to an illness. This includes whether you have COVID-19 or any other illness or disability.

See these articles for more details:

• Questions from a Renter during the COVID-19 Pandemic [25]from Disability Rights Texas
• Reasonable Accommodations and Disability Discrimination in the Context of COVID-19 [26]from the National Housing Law Project

You may have reason to worry. Hotel and motel guests are not generally considered tenants. That means the hotel owner does not have to get a court to grant an eviction to remove a guest. (The statewide halt on evictions works by stopping courts from issuing evictions.)

However, it is possible for a hotel guest to also be a tenant in some cases. For example, a hotel guest might be a month-to-month tenant if they pay by the month and have lived in the hotel for a long time. Month-to-month tenants are protected by the statewide halt on evictions.

Note that the absence of a lease does not automatically mean you are not a tenant. It is possible to be a month-to-month tenant without a lease.

Read this article [28] from Texas RioGrande Legal Aid for more information on when a hotel guest could be a tenant with eviction protections: https://www.trla.org/hotelsmotels-vs-residential-tenancies-when-eviction-protections-apply [28].

If you think you might legally be a tenant but get locked out of your hotel room without and eviction order, you can ask the Justice of the Peace to determine your status. Go to the precinct and file for a Writ of Reentry. You can use the following forms:

• Application for Writ of Re-Entry [29] - Form that lets you ask the court for a Writ of Re-Entry
• Writ of Re-Entry - Writ and Return [30] - Form that the court signs that lets you return to your home.
• Also: Fee Waiver [31] - If you are low income, you may qualify for a fee waiver. You can ask the court for a fee waiver using this form.

 

 

The following resources are available in Spanish:

• FAQ on renting and moving from the the Houston Apartment Association [34]
• Renter's COVID Resources Guide Guide from the Texas Apartment Association [41]
• City of Dallas rent assistance program application (select Spanish) [44]
• Houston Rent Assistance Program flyer (scroll down past the English) [45]
• Texas RioGrande Eviction Information, including Appeal forms [46]

Attorneys from Legal Aid of NorthWest Texas discuss tenant protections in the CARES Act. Some information may be out of date.