Eviction Information & Resources

The San Marcos City Council voted to end the declaration of a local state of disaster effective June 30, 2023. The City's eviction delay ordinance, which was to be effective for the duration of the declaration of a local state of disaster, expired June 30, 2023. 

About the Eviction Delay Ordinance

On April 7, 2020, the San Marcos City Council adopted an ordinance that required landlords to provide tenants a 90-day notice prior to issuing a notice to vacate if the tenant's delinquency on rent payments was related to the impacts of COVID-19. The ordinance was not a "grace period" to pay rent. Instead, the delay provided tenants and landlords the opportunity to cure overdue rent, fees, or other charges associated with the tenant's lease before the tenant lost housing.

The eviction delay ordinance was adopted under the authority granted by the declaration of a local state of disaster to address health and safety concerns related to the COVID-19 pandemic. The eviction delay ordinance was to be effective for the duration of a local state of disaster. Therefore, the eviction delay ordinance expired on June 30, 2023 with the termination of the local disaster declaration.

Following Expiration of the Ordinance on June 30, 2023

A 90-day Notice to Vacate issued prior to June 30, 2023 is no longer valid. However, other notice requirements or protections may still apply:

  • The expiration of the eviction delay ordinance on June 30, 2023 does not impact notice requirements or other due process afforded to renters at risk of eviction as prescribed in State law. 
  • Despite the expiration of the City's eviction delay ordinance, some rental properties in San Marcos are required to provide renters with a 30-day notice to vacate prior to filing for eviction as prescribed by the Coronavirus Aid, Relief, and Economic Security Act, which was signed into law March 27, 2020. A 30-day notice is required through the CARES Act if the impacted tenant or landlord receives a federal subsidy or a tenant lives in a building with five or more units that has a federally insured mortgage. A list of multifamily properties subject to the CARES Act is available here.  

Evictions are processed by the Hays County Justice of the Peace precinct in which the property is located. The Justice of the Peace hearing the case will ensure that landlords and tenants have abided by all state and federal requirements afforded to the parties though applicable laws. Click here for eviction information provided by Hays County, including procedures and remedies.

By law, a lease is a contractual agreement between a tenant and a landlord or management company and continues to be in effect unless both parties agree to new terms. The City of San Marcos does not have the legal authority to change or cancel a lease agreement between a tenant and landlord.

Available Resources

Resources are available for residents in the San Marcos area who need assistance related to housing. Visit the links below for more information about housing assistance programs, or click here to visit the Community Resources page on the City of San Marcos website.