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A Look Into the New Laws That Offer Eviction Protection in Texas

System - Friday, November 4, 2022
Property Management Blog

On average, a one-bedroom apartment in Texas could cost you about $1,020 per month. It's not easy to make those payments if you're working on minimum wage. In addition, numerous life factors like illness or job loss can drain your bank account dry. 

Lucky for tenants, there are new laws that offer eviction protection. As long as you meet the program's requirements, the landlord gets paid, and you get to stay in your home. 

Here's how the eviction process works in Texas and how you can avoid it. 

Texas Eviction Laws

There are specific timeframes when it comes to eviction procedures that a landlord must abide by. 

First, there must be a written notice to vacate, giving the tenant at least three days to move out. If the property participates in certain federal programs, they're required to give a 30-day notice.

After a petition is filed, the hearing happens at least ten days later. The opposing party then has five days minimum to appeal. 

Some common eviction reasons include nonpayment of rent or damage to the property.

Previous Eviction Protection

In 2021, the government of Texas enacted the Texas Eviction Diversion Program (TEDP) in response to the COVID-19 pandemic. This program allowed courts to put eviction lawsuits on hold. All it required was that both the landlord and tenant agreed to participate and met the program requirements. 

Once accepted, lump sum payments would be made out to landlords to avoid the eviction process and dismiss certain cases. 

However, the relief program stopped accepting new applications in late 2021. Almost all of their funds were used up by January 2022. 

The Fifty-Fourth Emergency Order

While the TEDP has ended, eviction protection continues under the guise of the Fifty-Fourth Emergency Order. This new program helps tenants who have been sued for eviction.

Like the TEDP, the landlord gets the money they're owed, and the tenant gets to stay in their home. However, you must first meet the program requirements.

In order to participate, the landlord must agree to apply for rent relief. This may happen alongside a tenant's application or on their own. 

When a tenant participates in Emergency Order protections, the judge will delay their eviction case for 60 days. The party applies for rent assistance, and the payment usually goes directly to the landlord.

In rare cases, a tenant who has already lost their eviction case may work out an agreement with their landlord to qualify for Emergency Order protections. 

Avoid Rental Debt

Just because a person can't pay their rent for one or two months does not mean they should get kicked out on the streets. Texas eviction protection laws exist to keep tenants safe and sheltered while providing landlords with the money they're owed. 

If you're struggling to keep your tenants in line, Home River Group can help. We provide world-class property management services, such as maintenance, brokerage, and leasing. Contact us to learn more about how we can help you.