Tenant & Landlord COVID-19 Resources
About City of San Marcos Ordinance Requiring Landlords to Provide a Notice of Proposed Eviction:
On Tuesday, April 7, 2020, the San Marcos City Council passed an ordinance requiring a landlord to provide a Notice of Proposed Eviction prior to issuing an actual Notice to Vacate. This ordinance remains in effect until rescinded by the City Council. The San Marcos ordinance gives tenants a 90-day period to cure any delinquency as a result of the COVID-19 pandemic.
Any individual or company that leases residential property in the city of San Marcos must comply with the ordinance. The ordinance is not a “grace period” to not pay rent; those who can pay should do so. The action is for a tenant and landlord to have an opportunity to cure overdue rent, fees or other charges associated with the tenant’s lease before the tenant loses housing.
The Notice of Proposed Eviction must be in writing and include a statement informing the tenant of their right to respond and cure any delinquent rental payments due for a period of at least 90 days. After providing a tenant with a Notice of Proposed Eviction, on or after day 91, the 3-day Notice to Vacate may be issued. The penalty for non-compliance is a fine not to exceed $500 for each day the violation continues.
If you have a specific question about your rights as a landlord, we strongly encourage you to contact the Austin Tenants’ Council at 512-474-1961 or visit them online.
The COVID-19 pandemic is significant, and in some cases, devastating impact to all who call San Marcos home. Questions have been raised about leases and paying rent when businesses have closed and many jobs have been impacted by the pandemic. By law, a lease is a contractual agreement between a tenant and a landlord/management company. A lease continues to be in effect unless a deal is privately worked out between the tenant and landlord/management company. Unfortunately, the City of San Marcos (and Texas State University) does not have the legal authority to change or cancel a lease agreement between a tenant and landlord.
If you are a student living off-campus and decide to leave San Marcos, or if you are unable to pay rent due to losing your job, it is strongly recommended you begin communications with your landlord/management company immediately. If you leave your rental before the end of your lease, you are making a personal and voluntary decision to do so and the lease terms remain in effect.
Another source of relief for Hays County residents is the CDC temporary protection from eviction. If you have lost your job due to the COVID-19 pandemic, please visit the FAQ page regarding the CDC moratorium for more information on your rights as a tenant and the steps you must take to avoid eviction as long as the CDC moratorium is in place.
The US Centers for Disease Control and Prevention order protecting certain renters from eviction for non-payment of rent is extended in the COVID-19 Response and Relief Bill through Jan 31, 2021. This protection applies to renters with incomes below $99,000 (below $198,00 for dual-income households) who have made a good faith effort to seek rental assistance, and have tried to make timely partial rent payments and are likely to become homeless if evicted. The updated CDC Declaration Form to complete and deliver to a landlord threatening eviction is available here.
If you have a specific question about a lease or the eviction process, we strongly encourage you to contact the Austin Tenants’ Council at 512-474-1961 or visit them online.