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

Texas RioGrande Legal Aid Resources: Legal Aid provided to households facing eviction https://www.trla.org/covid19-main

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, 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.

For more information visit the Texas Courts website and the TDHCA website.

Federal Rental, Foreclosure Relief Extended Through Dec. 31, 2020

On Sept. 4, 2020, the CDC announced a national four-month moratorium on residential evictions would be put in place until December 31st, 2020. This will apply to individuals earning less than $99,000 a year and those who are unable to make rent or housing payments. Learn how here: https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf

In similar news, an additional four months of housing security to homeowners will be provided by the Federal Housing Administration. Homeowners with FHA-insured single-family mortgages covered under the Coronavirus Relief and Economic Security (CARES) Act will now be federally protected from foreclosure and eviction until the end of the year. For more information, please visit the FHA extension letter from HUD Commissioner Carson. 

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.

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 CDC eviction moratorium:  https://nlihc.org/federal-moratoriums. (NOTE: The database set-up does not work on Internet Explorer; please use another web browser.)