The Texas Supreme Court established the Texas Eviction Diversion Program. This voluntary program permits eligible landlords and tenants to resolve issues raised in an eviction case by providing up to six months of rental assistance for eligible tenants who are behind on their rent due to the COVID-19 pandemic. If eligibility requirements are met, assistance can be used to pay the full contracted rent that is past due (up to five months), and the remainder may be used to pay for subsequent months of assistance (up to a total of six months) and the eviction case will be dismissed.
For Landlords to be Eligible
- The assistance must be for rent no older than April 2020.
- The rent for the household assisted may not exceed the TDHCA maximum limits established per ZIP code.
- They must have a bank account and accept direct deposit.
- Units that are already receiving project-based assistance or are public housing units are ineligible.
- Units that are owned by a unit of government may be ineligible.
For Tenants to be Eligible
- The tenant’s household income must be at or below 200% of poverty.
- The tenant’s household must have been financially affected by COVID-19 pandemic.
- Tenants are ineligible if they are receiving tenant-based voucher assistance, are in a unit receiving project-based assistance, or are in public housing.
The 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 800-525-0657 or 512-475-3800 (pick option 4).
You can read more about the Texas Eviction Diversion Program in the COVID-19 section of texasrealestate.com.
What if the Landlord does not want any rent only possession of the property?
If the basis of the eviction is solely for nonpayment of rent, then the rules under the CDC Order, the Texas Supreme Court 25th Order, and the Governor’s Eviction Diversion Program Order will apply. (Yes it is that complicated.)
If the basis of the eviction is for other reasons such as holdover, unauthorized pets or other occupants then the complicated rules don’t apply.
Again, its the REASON or BASIS of eviction not the desires of the landlord.
Should there be a order by a Jp thirty days ago convid 19 on and tenant is still there would a 30 days notice been considered for possession at a new hearing. Thank e
As I read the Order and the guidance documents, it appears that most of the properties we would manage WILL NOT qualify. It also requires that your tenant be at 200% of poverty level, so very poor.
NOTE: This program only applies to certain counties: Bee, Bexar, Brazos, Chambers, Deaf Smith, El Paso, Erath, Fannin, Grayson, Harris, Jim Wells, Kleberg, Montgomery, Palo Pinto, Parker, Potter, Randall, San Patricio, Wise
NOPE to Dallas, Travis, or Tarrant Counties
With what you have written, Ellis county will not qualify for “Texas Eviction Diversion Program” either!
After some digging, I found this section of the TDHCA website that lists rental assistance resources by Texas city or county: https://www.tdhca.state.tx.us/texans.htm