RENT PAYMENTS AND EVICTIONS DURING THE COVID 19 PANDEMIC

Webinar: March 31, 2020

Legal Aid of NorthWest Texas – McKinney Office

(972) 542-9405

BRIEF OVERVIEW OF AN EVICTION SUIT▪ I don’t have money for rent. Can my landlord just kick me out?▪ No, your landlord cannot evict you from your home without going to Court first and

getting a Court order making you leave. A self-help eviction, where a landlord forces you out or throws out your things without a Court order or “judgment”, is not allowed under Texas law.▪ To get a Court order a landlord must follow all the steps laid out in the law -

BRIEF OVERVIEW OF AN EVICTION SUIT

Tenant violated the lease or is a holdover Notice to Vacate Landlord files a petition for

eviction in Justice CourtLandlord Gets a Trial Date & Gets Citation Issued

Eviction Trial in Justice Court

Landlord Obtains Court Order/Eviction Judgment

Tenant Decision (5 day grace period): The tenant must appeal within 5 days to County Court.

Landlord Obtains Writ of Possession & Calls Constable

SUPREME COURT OF TEXAS

EMERGENCY ORDERS

▪ In response to the COVID 19 pandemic, the Supreme Court of Texas has issued emergency orders. One of these Orders, from March 19th, “pressed pause” on most eviction lawsuits in Texas. ▪ The Order says that until April 19th, a court cannot order an

eviction (sometimes called entering an eviction judgment) in most cases. ▪ The Order also paused the execution of writs of possession until

April 26, 2020. ▪ It is also possible that county or local Courts might have

delayed eviction hearings even longer than April 19th, so you should check with your local court to find out if any additional extension applies to you.

SUPREME COURT OF TEXAS EMERGENCY ORDERS

▪What types of evictions can still happen before April 19th? ▪ You can be evicted if you or someone you live with is involved in criminal activity, or if

you or someone you live with poses an immediate threat of physical harm to other tenants or the landlord; those evictions are allowed to go on and be heard, even during this time. But evictions based on not paying rent or another reason cannot go forward until after April 19th.

SUPREME COURT OF TEXAS EMERGENCY ORDERS

▪Does this mean I don’t have to pay rent for April?▪ NO – You must still pay rent. The Supreme Court Emergency Order does not change your

responsibility to paying the total amount of rent to your landlord, on time.

COLLIN COUNTYJUDGE CHRIS HILL’S EXECUTIVE ORDER

REGARDING SHELTER-IN-PLACE FOR COVID 19EFFECTIVE 03/24/2020

All persons in Collin County are hereby ordered to stay home, except for travel related to essential activities.

COLLIN COUNTY JUSTICE COURTSSTANDING ORDERS REGARDING CORONAVIRUS

(COVID 19)EFFECTIVE 03/20/2020 - 05/08/2020

LATE FEESCORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY

(CARES) ACT EFFECTIVE MARCH 27, 2020

▪ Congress prohibited landlord from charging late fees related to nonpayment of rent effective March 27, 2020, through the date of expiration of the Act on July 25, 2020.

▪ This applies to all housing programs to which the VAWA applies (public housing, project-based section 8, Housing Choice Vouchers, LIHTC, etc.) as well as the rural voucher program and properties with federally-backed mortgages (HUD, Fannie Mae, Freddie Mac; more detailed definitions are in that section). So, with respect to any covered housing, late fees are prohibited.

▪ With respect to completely private rental housing with no federal housing subsidy or LIHTC funding or a mortgage backed by HUD, Fannie Mae or Freddie Mac, landlords may charge late fees in accordance with the lease terms unless the county or the city enacts an ordinance suspending late fees.

PRACTICAL TAKEAWAYS

▪ Keep paying your rent and on time - ▪ There are no statewide orders granting rent forgiveness or permission to pay late.

▪ If you cannot pay your rent, the first step is to reach out to your landlord and see if you can work out some type of agreement with your landlord.

▪ If there are any agreements between you and the landlord about rent—such as the amount of rent, when rent is due, etc. —YOU NEED TO GET THE AGREEMENT IN WRITING FROM THE LANDLORD. If you do not, and you pay late or less than the full amount of rent, you are putting yourself at great risk of being evicted by the Court.

▪ Remember there is local and state aid. Apply for any and all help that may be coming. There could be a government program that will assist with rent. There could be local programs that assist rent.

▪ If you cannot pay your rent, know that your landlord cannot lock you out of your apartment or rental property. Landlords must first file an eviction case against you and let that process play out.

UTILITY CUTOFFS

▪ If you pay directly to the Utility Company, then utilities were likely disconnected for non-payment, which is allowed.▪ Contact your utility company to see if they will reduce/forgive the amount, allow you to enter

into a payment plan, or accept payment at later date.

▪ If you pay the Landlord, generally, the landlord may only cut-off tenant’s utilities for bona-fide repairs or emergencies and not for non-payment of a utility bill or rent. If the Landlord has cut-off the utilities the tenant should immediately go to the Justice court and apply for a Writ of Restoration. ▪ A Writ of Restoration - entitles the tenant to an immediate and temporary restoration of utility

service. Contact us if you think you need help with this.

▪ If Landlord, and a written lease provides for it, then a disconnection or interruption may be allowable under Texas Property Code Section 92.008.

HELP WITH UTILITY BILLS

▪ Contact the Utility Company▪ Low-Income Home Energy Assistance Program (LIHEAP) operated by the Texas

Department of Housing and Community Affairs (TDHCA):▪ To locate the billing assistance program agencies that serve your area▪ Call toll free 1 (877) 399-8939 or visit www.tdhca.state.tx.us.

▪ Call 2-1-1 for local and state organizations that might be able to help with rental and utility payments.

SHELTER-IN-PLACE MAY NOT BE SAFE FOR EVERYONE…

VICTIMS OF FAMILY VIOLENCE

▪ CALL THE POLICE▪ Afraid of breaking the lease? ▪ With an injunction, temporary restraining order, or a protective order, a victim of family violence

maybe able to break their lease and avoid liability.

▪ Public or federally subsidized housing? ▪ Communicate with your housing authority and if necessary provide them with supporting documents (police

reports, orders, sworn statements, etc.) .

▪ Protective Order – with a kick out provision ▪ Pro Se, LANWT, or Collin County’s District Attorney’s Office

▪ Texas Law Help – Family Violence Victim Breaking a Lease▪ https://texaslawhelp.org/article/family-violence-victims-right-break-lease

▪ Texas Law Help - Housing Rights for Victims of Domestic Violence▪ https://texaslawhelp.org/article/housing-rights-victims-family-violence

DOMESTIC VIOLENCE HOTLINE & NORTH TEXAS SHELTERS

▪National Domestic Violence Hotline: 800-799-7233.

▪The Family Place Crisis Hotline: 214-941-1991

▪Genesis Women’s Shelter: 214-946-4357

▪Hope’s Door: 972-422-2911

LEGAL AID OF NORTHWEST TEXAS (LANWT)

MCKINNEY OFFICEOffice No. 972.542.9405

Apply online at www.lanwt.org

Apply through our Legal Aid LineCall 888.529.5277

Hours of Operation:Monday through Friday

9 am - 4 pm CST