EVICTIONS PROCESS
WHERE TO FIND HELP
Building and Strengthening Tenant Action: www.bastaaustin.org Austin Tenants Council: www.housing-rights.org GOVERNMENT Austin: www.austintexas.gov/ page/eviction-prevention-process- compliance-eviction-related- requirements Travis County: www.traviscountytx.gov/justices- of-peace/jp4/evictions
Several local organizations and governments offer information and support in relation to evictions. LEGAL Texas RioGrande Legal Aid: www.trla.org Volunteer Legal Services of Central Texas: www.vlsoct.org/get-help INFORMATION Austin Apartment Association: www.austinaptassoc.com secure representation in court. Chu also said Travis County has been a top example of that attitude in Texas. The area has seen fewer than 5,000 filings since the start of the pan- demic—well below Dallas County’s 46,068 or the Houston area’s 79,631 filings over the same time, according the Eviction Lab and county data. For those seeking financial assis- tance, options are now more limited. But despite Travis County’s latest $9.2 million rental program closing within one week of an expected six-month run, Sanchez said around $1 million more could go to the county this year. She said the pandemic has fostered a better relationship between some landlords and local government. However, she said some for property management, local housing pressures will keep adding to tenant removals. “Some landlords that just have a very good heart and are helping their tenants catch up, and then we see some that are taking advantage of the demand in the market and looking for tenants who can pay more rent,” Sanchez said. Blair also cited “proactive” com- munication between tenants and
3. JUDGMENT Once a judge decides an outcome, action is halted for five days to allow for an appeal. 4. APPEAL (if chosen by tenant or landlord) A hearing must take place at least eight days after an appeal is filed. 5. WRIT OF POSSESSION Once an outcome is final, landlords can request a writ of possession for a rental space. A constable must then wait 24 hours before removing property.
Under Texas law, the eviction process could take weeks or months to complete.
1. WRITTEN NOTICE TO VACATE An eviction lawsuit cannot be filed until this notice is given for reasons such as late rent or lease violations. Tenants have a set amount of time before needing to move out. 2. EVICTION LAWSUIT After a suit is filed, a hearing must take place at least 10 days after.
landlords of all sizes as one of the pos- itives to emerge from a difficult two years. However, some negative effects on the multifamily industry’s smallest members continue to linger despite the “unprecedented” demand for rentals in Central Texas. “We have a lot of what we call inde- pendent rental owners who may have a single-family home or small resi- dential properties … that are frankly exiting the market and exiting the industry,” Blair said. Data also shows evictions continue to affect areas with more minority residents at a higher rate, accelerat- ing the displacement in many areas— especially to the east—that have already felt those effects for years. “We are overwhelmingly evict- ing Black and brown people,” Jacob said. “It’s just a fact; that’s just a real- ity that a lot of people don’t want to talk about. And who’s moving in, and what is that going to mean in the city for 20 years from now?”
SOURCE: STATE OF TEXAS/ COMMUNITY IMPACT NEWSPAPER
usually resulted in an eviction. Nick Chu, justice of the peace for central Travis County’s Precinct 5, said around 95% of eviction cases he hears involve late payment of rent. While it is a legal lease breach, Jacob said, the violation of a one- or two- month payment delay does not align with the long-term consequences from evictions. Such proceedings can appear on credit screeners, hurting tenants’ future housing prospects. Chu said policies such as eviction moratoriums resulted in more focus on housing cases that previously drew little attention while staying within the bounds of the law. “The judiciary didnot want to be the reason why the pandemic was worse, whether economically or because of spreading the virus,” he said. Despite political differences, Chu, a Democrat, also noted a will for more eviction assistance in court is shared as high up as the conservative Texas Supreme Court. In response to the
ending renter protections, Chief Jus- tice Nathan Hecht in January called for a more proactive judicial approach to evictions that considers tenant sup- port and diversion programs rather than simply clearing a daily docket. Chu said that attitude is one he believes will remain in place at least in Travis County, regardless of how much caseloads increase. “In the past, I think the judiciary just heard these cases, and we treated them like any other case. … Now it’s pretty clear that the role of judiciary is trying to prevent unnecessary evic- tions,” he said. Keeping pacewith cases Chu and Jacob also highlighted the importance of legal aid in eviction cases, regardless of ability to pay. Travis County launched a pilot pro- gram connecting volunteer attorneys with eviction defendants, and orga- nizations such as Texas RioGrande Legal Aid are available to help tenants
For more information, visit communityimpact.com .
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NORTH CENTRAL AUSTIN EDITION • APRIL 2022
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