Texas Evictions
Resources for Landlords in Texas
Texas Evictions - Helpful information for Landlords
In a perfect world all tenants will pay their rent on time and never damage the property that they are renting. Unfortunately, we do not live in a perfect world. Because of this AAA Credit Screening Services offers landlords and property managers Eviction Records as part of the Tenant Screening process along with Credit Reports and Criminal Record Checks.
Occasionally even tenants that have never been evicted before and has passed all the checks may fall on bad luck, lose a job, become ill, etc. and the landlord is left with the unfortunate task of having to evict the tenant. As a service to our customers in Texas, AAACSS * created this page for landlords to gather information on resources available to them when the eviction process becomes necessary.
Texas A&M University created an excellent resourse called Landlords and Tenants Guide, you can get the complete guide under Landlord Resouces. For their information on evictions, click on Landlord's Right to Evict Tenants.
The COVID-19 pandemic has affected landlords and tenants and the CDC has prohibited evicting tenants due to the lack of paying rent. There are however resources that the landlords and the tenants have at their disposal to help the landlords recuperate costs and help the tenants avoid evictions. Please have a look at the links under COVID Eviction Updates for more information.
* AAACSS is in no way an expert in eviction proceedings and encourages landlords and property mangers to do the necessary research to cover all their bases in the state, county, and cities that they operate in or contact an attorney to assist you with questions.
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Texas Eviction Diversion Program
Texans may be eligible for rental assistance and other services outside of the eviction process. To find out more about these programs, please visit the Texas Coronavirus Relief Bill Rental Assistance Program website.
The Supreme Court of Texas established the Texas Eviction Diversion Program (TEDP) through the Twenty-Seventh Emergency Order Regarding the COVID-19 State of Disaster (which has been renewed through the Twenty-Eighth, Thirty-First, Thirty-Fifth Emergency, Thirty-Seventh, and Thirty-Ninth Orders). With funding allocated by Governor Greg Abbott through the Texas Department of Housing and Community Affairs, the program seeks to reduce the number of evictions by enabling landlords and tenants to agree upon a resolution to non-payment of rent issues.
How Does the Eviction Diversion Program Work?
The TEDP is a voluntary program that permits eligible landlords and tenants to agree upon a resolution to the issues raised in an eviction case. If eligibility requirements are met, past due rent obligations and utility delinquencies may be eligible to be covered in full and the eviction case dismissed.
When a landlord files an eviction case, the landlord is required to state in the petition that he/she has reviewed the information on this website.
All citations (notices that a tenant has been sued for eviction) must contain the following statement in both English and Spanish and an attached copy of the
"State of Texas Eviction Diversion Program" informational brochure.
“If you and your landlord agree to participate in the Texas Eviction Diversion Program, you may be able to have up to 15 months of the rent you owe paid and stop your eviction. At your trial, the court will notify you about the Program and ask if you are interested in participating. Find out more about the Program in the attached brochure, titled State of Texas Eviction Diversion Program, and at www.txcourts.gov/eviction-diversion/; and at https://texaslawhelp.org/article/texas-eviction-diversion-program. You may also call Texas Legal Services Center for assistance at 855-270-7655.”
On the date listed in the citation for the trial of the eviction case, the judge must discuss this program with the landlord and tenant and ask whether the landlord and tenant are interested in the program and whether the landlord has any pending applications for rent assistance. If both the landlord and tenant indicate they are interested in the program or the landlord has a pending application for rent assistance, the judge is required to delay the proceedings for 60 days, make the records and information on the eviction case confidential, and inform the landlord and tenant about the reinstatement procedure discussed below. A landlord can request an extension of the delay in 60 day increments.
Landlords and tenants can also request to enter the eviction diversion program at any time after the trial as long as the writ of possession has not issued. If this request is made, the judge must set aside any judgment and follow the procedures detailed above.
At any time during the 60-day delay period, the landlord can file a motion to reinstate the eviction case with the judge. The motion must be served on the tenant. The judge is then required to reinstate the eviction case, set it for trial within 21 days, inform the parties how to proceed, and make the records and information non-confidential.
If the landlord does not file a motion to reinstate the eviction case during the delay period, the judge is required to dismiss the case with prejudice. All records and information will remain confidential.
Where is the Informational Brochure?
When Does This Start?
The eviction diversion program became available in all counties and cities in Texas on February 15, 2021.
Who Is Eligible?
To be eligible for the eviction diversion pilot program, a landlord and tenant must meet the following criteria:
| Landlord Eligibility Criteria | Tenant Eligibility Criteria |
|---|---|
|
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Where Can I Learn More About the Program?
he Texas Legal Services Center has established a toll-free hotline to assist individuals seeking legal assistance at 855-270-7655.
The Texas Department of Housing and Community Affairs has established a website and a toll-free hotline to provide information at 833-9TX-RENT (833-989-7368). Assistance is available Monday-Saturday from 8 am - 6 pm Central Standard Time.
Legal Aid Eviction Portal https://stoptxeviction.org/
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