Information for Tenants and Homeowners
Information for Tenants in San Marcos
Visit the Neighborhood Enhancement website for general information for tenants, including info on Justice of the Peace Courts placing all evictions (other than for “imminent threat”) on hold until after May 18, 2020 and how to work out accommodations with your landlord.
Click here for information for tenants and landlords and utility, rent, and mortgage assistance options at a glance.
Texas RioGrande Legal Aid Resources: Legal Aid provided to households facing eviction.
Ordinance requiring a Notice of Proposed Eviction
On Tuesday, April 7, 2020 the San Marcos City Council passed an ordinance requiring a landlord to provide a Notice of Proposed Eviction prior to issuing an actual Notice to Vacate. The San Marcos ordinance gives tenants a 90 day period to cure any delinquency as a result of the COVID-19 pandemic.
- Any individual or company that leases residential property in the city of San Marcos must comply with the ordinance.
- The ordinance is not a “grace period” to not pay rent; those who can pay should do so. The action is for a tenant and landlord to have an opportunity to cure overdue rent, fees or other charges associated with the tenant’s lease before the tenant loses housing.
- The Notice of Proposed Eviction must be in writing and include a statement informing the tenant of their right to respond and cure any delinquent rental payments due for a period of at least 90 days.
- After providing a tenant with a Notice of Propose Eviction, on or after day 91, the 3-day Notice to Vacate may be issued.
- The ordinance stays in effect until there is no longer a Declaration of Local Disaster in San Marcos due to the COVID-19 pandemic.
- The penalty for non-compliance is a fine not to exceed $500 for each day the violation continues.
Texas Eviction Diversion Program
The Texas Eviction Diversion Program (TEDP) is a partnership between the Texas Supreme Court, Texas Department of Housing and Community Affairs, and Office of Court Administration to help tenants who can’t keep up with rent due to the COVID-19 pandemic and who have been sued for eviction to keep their current living situation. If both the landlord and tenant agree to participate in the program, the TEDP can provide up to five months of past-due rent payments, and for up to six months of future rent payments.
The entities administering the program published this TEDP informational brochure, which must be included with all notices that a tenant has been sued for eviction (where the program is currently effective).
As of October 12, 2020 the TEDP is in a pilot phase in 19 Texas counties – Bee, Bexar, Brazos, Chambers, Deaf Smith, El Paso, Erath, Fannin, Grayson, Harris, Jim Wells, Kleberg, Montgomery, Palo Pinto, Parker, Potter, Randall, San Patricio, and Wise. During the pilot phase, eligibility for TEDP is limited to those under 200% of poverty. The TEDP is scheduled to become effective in all counties on November 9, 2020.
Federal Rental, Foreclosure Relief Extended Through December 31, 2020
On September 4, 2020, the CDC announced a national four-month moratorium on residential evictions would be put in place until December 31, 2020. This applies to individuals earning less than $99,000 a year and those who are unable to make rent or housing payments. Learn more from the CDC here.
Eviction moratorium under the CARES Act
The CARES Act provides a temporary moratorium on evictions for most residents of federally subsidized apartments, including those supported by HUD, USDA or Treasury (Low Income Housing Tax Credit developments) as well a moratorium on filings for evictions for renters in homes covered by federally-backed (FHA, Fannie Mae, and Freddie Mac) mortgages for 120 days after enactment. The federal moratorium on evictions has been extended until January 31, 2021. The moratorium requires tenants to provide a declaration to landlords. The federal CARES Act requires that landlords provide a 30 days notice. Texas State Law requires that the landlord follow specific steps.
To find out who the moratorium protects and who it doesn’t, and how to prevent or pursue an eviction, see the State of Texas law library.
Federal Housing Administration Extends Foreclosure and Eviction Moratorium for Single Family Homeowners: On May 14, 2020, FHA announced an extension of its foreclosure and eviction moratorium through June 30, 2020, for homeowners with FHA-insured Single Family mortgages, while also supporting new FHA-insured mortgage originations through an extension of temporary policy flexibilities for lenders and appraisers.
The National Low Income Housing Coalition website has a searchable database and map to identify if a house/multi-family property is covered by the CDC eviction moratorium. (NOTE: The database set-up does not work on Internet Explorer; please use another web browser.)
Tools for landlords with tenants affected by COVID-19 can be found by on the HUD COVID-19 Landlord Information (PDF).