June 1st Marked Changes to City of Austin and Travis County Prohibition on Notices to Vacate

Since March of 2020, industry members have had to comply with emergency orders from the City and County regarding the prohibition of notices to vacate. As , June 1, 2021, some of those rules have changed.

AAA has provided a checklist below, for rental housing providers who may have questions in issuing notices to vacate. Be sure to follow the steps as outlined, prior to filing any notice to vacate in Austin or Travis County.
 

Starting June 1, and continuing through August 1, the City of Austin and Travis County will allow notices to vacate (NTV) in certain situations.

City of Austin Mayor Adler's local Emergency Orders prohibits the issuance of Notices to Vacate (NTV), but as of June 1 and continuing through August 1, 2021, additional exceptions are offered:

• tenants owing rent more than 5 months due on or after April 1, 2020, and, as declared on a verification form that:
  • the landlord has exhausted all available rental assistance remedies; or
  • the landlord or tenant is not eligible for any rental assistance remedies; and
  • the landlord notified the tenant that an application for rental assistance remedies was submitted within 7 days from the date of application.

Travis County Judge Andy Brown's Orders reflecting the same language prohibiting issuing notices to vacate (NTVs) and the same additional exceptions.

60-Day Notice Extended to August 9, 2021:

• The City of Austin requires a 60-day notice of proposed eviction, for any rent debt incurred due to COVID-19, between March 26, 2020, and August 9, 2021.
   

Checklist for Rental Housing Providers Issuing NTVs in Austin, Travis County:

NOTE: New Rules Begin September 1

On July 29 new orders were issued by the City of Austin and Travis County that allow rental housing providers to proceed with evictions by issuing a notice to vacate for tenants behind on rent. Below is a checklist, to ensure landlords take the necessary and required steps before issuing a NTV:

For the month of August, tenants with a monthly rent below $2,475 can be issued a Notice to Vacate (NTV)* if:

• The tenant owes an amount of rent that exceeds the total of 5 months’ rent (due on or after April 1, 2020).
• A 60-day notice of proposed eviction was issued, and 60-days have passed since the 60-day notice of proposed eviction was issued.
• The tenant has not provided a CDC Declaration (or equivalent) form.
• An application for rental assistance has been completed for the resident with the Texas Rent Relief program.
  • Click here for Texas' Landlord application
• (If the property is in Travis County) The landlord initiated a referral for rental assistance to the resident for the Travis County Rent Relief Program.
  • Click here for Travis County's Landlord referral form
• (If the property the City of Austin) An application for rental assistance was initiated by either the landlord or the tenant using the City of Austin’s RENT 3.0 Landlord Portal.
  • Click here for the City of Austin RENT portal
• The landlord notified the tenant within 7 days of application or referral to the available rental assistance programs (Texas, Travis County, and/or the City of Austin).
• Rental Assistance funds were either denied or the application is still pending after 45 days following application or program referral.

For tenants with a monthly rent greater than $2,475, a NTV may be issued, if a CDC declaration has not been provided by the tenant.

If the property is a CARES Act Property, a 30-day notice to vacate must be issued.

Beginning September 1 through October 15, the same conditions apply, however, the number of months in rent arrears lowers from five months to THREE months.

*This checklist has been provided as general information which is not intended to be legal advice or supersede the orders or ordinances issued by local, state, or federal government actions. The Austin Apartment Association cannot provide you with legal advice. It is informational only as of June 1, 2021, and does not replace the advice of legal counsel.