The Texas Supreme Court on September 25 established the Texas Eviction Diversion Program with funding allocated by Gov. Greg Abbott. The voluntary program permits eligible landlords and tenants to resolve issues raised in an eviction case. If eligibility requirements are met, past due rent obligations may be eligible to be covered in full and the eviction case dismissed.
The Texas Supreme Court now requires a sworn original, amended, or supplemental eviction petition to state that the landlord has reviewed the information about the Texas Eviction Diversion Program. Also, the eviction citation given to the tenant by the court must include the following:
- “You may be able to stop your eviction if you and your landlord agree to participate in the Texas Eviction Diversion Program. At your trial, the court will tell you about the program and ask if you are interested in participating. Find out more about the program in the attached brochure, ‘State of Texas Eviction Diversion Program,’ and at www.txcourts.gov/eviction-diversion.”
- A copy of the informational brochure “State of Texas Eviction Diversion Program,” prepared by the Texas Department of Housing and Community Affairs.
If the eviction goes to trial, the judge must discuss the Texas Eviction Diversion Program with the landlord and tenant and ask whether the landlord and tenant are interested in the program. If both the landlord and tenant indicate they are interested in the program, 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.
At any time during the 60-day abatement 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 and serve a motion to reinstate an action abated within the 60-day abatement period, the judge must dismiss the action, including any claims that do not involve the nonpayment of rent, with prejudice. All court records, files, and information—including information stored by electronic means—relating to the dismissed eviction action must remain confidential.
The Texas Eviction Diversion Program and its court procedures are effective October 12, 2020, for pilot counties prescribed by the Office of Court Administration (not yet announced), and effective November 9, 2020, for all other counties. The court order establishing the program and its requirements expires December 18, 2020, unless extended by the chief justice of the Texas Supreme Court.
Note: The order does not prohibit the landlord from filing an action for eviction based on future events or acts that are an independent basis for eviction.
So much for conservative Supreme court judges….. I thought the legislature wrote the laws…..seems the lines are getting pretty blurred…
Where does Governor Abbott “his” money for this program? I thought the legislature controlled the budget?
The state budget includes emergency funds the governor can tap into without legislative control.
I’m a landlord, desperately searching for ways to cover the deficit from tenants who are living in my rental houses and claim the COVID-19-I am not a medical doctor or a scientist able to determine if it is only another excuse, but I’ve worked very hard all of my life to acquire my properties and now I’m being forced to do charity, w/o a tax exempt status
Totally understand, I ‘m property manager and I see how people are getting the Covid 19 as an excuse to not pay rent.
David I hear you I’m having the same Issue and the tenants reasons that they don’t want to pay the rent has nothing to do with Covid related issues. Now these people think they can sit in my house that i just spent 10k to remodel. and property owners have no recourse. What if we were except from paying property Taxes!!!!!!!! or we refused to pay property taxes. NOT. the bad thing is the Justice of the peace courts are guiding these people in how to fill out the paper work, Since when are the courts allowed to give out… Read more »
Employers must submit letters to confirm lay offs. There are ways to get verification.
THERE ARE MANY OTHER LANDLORDS LIKE YOU.
I’m seeing in the referred site is more 60-day delays to go through “procedures”. Still not seeing the phrase where they total up everything that the Tenant owes and cuts a check to the Landlord…
Not including all the costs in filing motions and having notices served to the tenant. This seems like another case where the landlord is the “giver” and the “tenant” is the taker. Also this goes into effect in certain counties in 11 days with specifics and info not yet available. I assume the state or federal government is going to pay your taxes, insurance, utilities,and upkeep for the periods you having been getting rent. Then if the tenant refuses to pay back rent in the future you are back in court at your expense again with no guarantee you will… Read more »
A bit off topic, but has anyone had experience placing a leased property on the market, that has a tenant who is not paying rent due to Covid 19 job loss? Landlord/owner gave the tenant notice that he would be placing the property on the market before the tenant actually stopped paying rent. Now that notice was given, and since CDC says you can’t evict due to mon-payment, the tenant has stopped paying rent and feels she has the right to refuse showings, etc. Is it legal to evict because Owner wants to sell?
There are other requirements in the lease, other than rent, that could make the tenant subject to eviction.
I was successful because one of my tenants failed to maintain the required Tenant insurance coverage and violated the HOA health and safety standards previously agreed to.
This is good to know that judges are allowing evictions for other lease violations.
I am a realtor and I do know the tenant cannot refuse showings, you own the property. If you are in need of a realtor to sell your property I would love to help you do that!
Tara Wright- 817-291-6044
this sounds like just more and more costs and paperwork piled on someone like me who at 74 years old is working at Selling real estate and collecting rents as part of my semi-retirement.; i MUST CONTINUE PAYING ALL OF MY MORTGAGES ON SOME OF THESE RENTALS . iF i DO NOT PAY THE MORTGAGES, i COULD LOSE THE PROPERTIES OR LOSE MY cREDIT rATING. i DO NOT DESIRE LOSING MY cREDIT rATING THAT i HAVE WORKED ALL MY LIFE TO MAINTAIN. tHE tENNANTS ARE NOT GOING TO DO ANY OF F THIS PAPERWORK AND WILL HAVE TO BE GUIDED… Read more »
Wow. People are really going through it and these comments are worse. No compassion. Just remember it could be you in a split second.
Well, here’s my comment. I have a tenant who has NOT been paying rent since February, HAS been working during that time, and owes me $12,000. My court date for evicting him was cancelled due to his filling out a COVID form which was fraudulent. Earlier I offered him $2000 to help him move out, provide the labor to move out and put stuff where he wanted it. AND to forgive his back payments. He countered with $3600 and said no. Sometimes we have bad tenants, and we still have to pay our bills and some of us will have… Read more »
There is a place for compassion but there are tenants out there who have no intention of paying because they think they can get away with living in our properties rent free. We had a lease that was up the end of July and we were suppose to move back into the home. The tenant said he would be out but didn’t vacate. We ended up being homeless and living in motels. We had to move everything into storage, them move it again to temporary housing. My husband and I have worked over 40 years to have a few rentals… Read more »
obviously — YOU do not own property that a tenant is not paying rent on or your attitude would be entirely different– if you cant pay then move in with relatives or someplae cheaper —
Happy to send you my address where you can send a check to illustrating your compassion
I currently have a tenant that is using the system to get her rent for free. What makes it worse is that she has the place looking like a dump with trash all over the place, broken windows, and to top it off she has other people living with her that are not even on the contract and there is nothing we can do about it. I spoke with City Code Enf. and they have told me that if any violations are issued it would directly to the Owner or the Mgmt Co. Go figure. This is totally not right!
So I was as confused as most of you when I saw this Order from the Governor. The Texas Supreme Court and CDC have issued orders however this order from the Governor just seems to regurgitate the same stuff. It does say there’s money available but how to get it is still a mystery.
Here’s a link to the Texas Court website that talks about it
Do any you know a good attorney representing landlords in Houston? I need to get a nasty official-looking letter sent to see if that moves my tenant out of the house. I am now up to almost $12K in rents owed and my second court docket was also summarily dismissed. Thanks.
I am certainly glad there may be a way I can get my tenant to pay the rent she owes. She comes up with one excuse after another and none are legitimate reasons for not paying the rent. She get Disability from the government for her children as well has she gets a portion of her rent paid my the BVCOG of Housing . She has purchased two cars since in the 18 months she has lived there. She has two cars, fancy furniture in her house and big screen TV in her bedroom and a TV in each of… Read more »
In order for me to qualify for the Evection Diversion Program, does my landlord have to file for evection? Im slightly confused. My landlord and I have been trying to keep away from the evections and work everything out as best as we can. However we are hoping to have some type of assistance.