On Tuesday, May 16, 2023, the San Marcos City Council voted 4-to-2, with one councilmember abstaining, to end the declaration of a local state of disaster that was originally issued in March 2020. The declaration will be terminated effective June 30, 2023.
The declaration gives Council the authority to address health and safety concerns related to the COVID-19 pandemic. Under that authority, Council adopted an ordinance in April 2020 requiring landlords to provide tenants a 90-day notice prior to issuing a notice to vacate if the tenant’s delinquency on rent payments is related to the impacts of COVID-19. The delay provides a tenant the opportunity to cure overdue rent, fees, or other charges associated with the tenant’s lease before the tenant loses housing.
The eviction delay ordinance was to be effective for the duration of the declaration of a local state of disaster. Therefore, the eviction delay ordinance will expire on June 30 with termination of the local disaster declaration. The expiration of the City’s eviction delay ordinance will not impact notice requirements or other due process afforded to renters at risk of eviction as prescribed in State law.
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