City of Austin’s Notice of Proposed Eviction Requirement Extended Until August 9, 2021
For the fifth time, On Thursday, May 6, the Austin City Council extension to the ordinance requiring a 60-day “Notice of Proposed Eviction” before an official “Notice to Vacate” can be posted using the normal procedures outlined in the Texas Property Code. The ordinance was set to expire on May 17, but has now been extended to August 9, 2021.
Any rents due between March 26, 2020 and August 9, 2021 will require a 60-day Notice of Proposed Eviction before a Notice to Vacate (NTV) can be issued for that rent due. The notice requirement does not apply to any evictions necessary for criminal conduct by a resident or their guest.
As with the previous extension, before the vote, the Austin Apartment Association (AAA) explained how the ordinance is no longer necessary and that the Centers for Disease Control (CDC) Declaration Form and the eviction protections given to anyone who presents the form is all that is needed. The AAA also asked that the entire ordinance be put on Council’s agenda for a full policy discussion instead of simply discussing the proposed extension date.
The ordinance still applies only to any “Impacted Tenant” defined as: “A person, or a member of their household, who is authorized by a lease to occupy property to the exclusion of others and loses wages or income during the local disaster”. Properties themselves can ascertain if an impacted resident “has lost wages or income” in the manner they deem necessary including: verification from an employer, paystub verification, unemployment claim documentation or other verification method.
The ordinance allows the 60-day Proposed Notice of Eviction to be delivered “electronically to an impacted tenant using an email address the landlord uses to communicate with the impacted tenant in the regular course of business activity; or posted on the front door of the impacted tenant’s dwelling unit.”
A 60-Day Notice of Proposed Eviction template in .pdf format is available for AAA members on the AAA website under the COVID Resources page.
Properties can craft their own 60-day notice form so long as it contains this language in 16pt bold font:
“A NOTICE OF PROPOSED EVICTION AND OPPORTUNITY TO PAY TO AVOID EVICTION – THIS NOTICE DOES NOT EXCUSE YOUR OBLIGATION TO PAY AND YOU CAN BE EVICTED IF YOU FAIL TO PAY BY THE PAYMENT DEADLINE BELOW.”.
Please refer to our Austin Area Compliance Flowchart for more information about navigatiing these rules and regulations. For more information about the ordinance, or discuss your ideas about strategies to address uncollected rent, contact Paul Cauduro, AAA Director of Government relations at paul@austinaptassoc.com or call 512-323-2286