Information for Tenants and Homeowners

Information for Tenants in San Marcos

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 18th and how to work out accommodations with your landlord: http://www.sanmarcostx.gov/701/Neighborhood-Enhancement

Lease-tenant resources: http://sanmarcostx.gov/2954/Documents-and-Resources

Ordinance requiring a Notice of Proposed Eviction

On Tuesday, April 7, 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.

Highlights –

  • 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.

The Austin Apartment Association (AAA) has a template of a Notice of Proposed Eviction and other helpful forms. Go to their website - Austin Apartment Association Webpage

If you are not a member of the AAA, you can email Paul Cauduro. Paul has offered to assist AAA non-members with forms.

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 120 period runs from March 27 until July 25

Information for home owners and renters is available online at https://www.hud.gov/coronavirus/homeowners

Federal Housing Administration Extends Foreclosure and Eviction Moratorium for Single Family Homeowners: On May 14, 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 CARES Act eviction moratorium:  https://nlihc.org/federal-moratoriums. (NOTE: The database set-up does not work on Internet Explorer; please use another web browser.)