Member Alert - Notice of Proposed Eviction
Greetings AAA Member,
 
As you are now likely past your grace period for your April 1st rent cycle, your property might be considering issuing notices to vacate, or have already started that process.

Wait.

Before you do...please note the following new requirements:

If your property is in the City of Austin or the City of Kyle , you must issue a Notice of Proposed Eviction and let 60 days pass before you can issue a 3-day notice to vacate. This requirement is through May 8, 2020.

City of Austin
  • On March 26, City of Austin Council passed an ordinance requiring landlords to provide a notice of proposed eviction that gives tenants a 60-day opportunity to respond before property managers/owners may issue a notice to vacate.
  • Additionally, Mayor Adler issued emergency orders prohibiting the issuance of Notice to Vacate for non-payment of rent, with some exceptions.
  • In other words, the only notice properties may issue in the City of Austin until May 8th is the Notice of Proposed Eviction.
  • What to post? Comply with the requirement by using the template AAA created for the new notice.
  • How to post? Part 4(C) requires that the 60 days’ notice be provided like a notice to vacate which means hand-delivery to anyone over 16 living in the unit, posted on the inside of the door, by mail, or using the alternative posting methods. Service via email, text, or a resident portal would be ineffective for the 60 days’ notice. 
  • Penalty for non-compliance is $500 per occurrence.
  • On or after day 61, the 3-day Notice to Vacate may be issued.


City of Kyle
  • City of Kyle Council passed a similar ordinance as the Austin ordinance on April 8th.
  • Penalty for non-compliance is $1,000 per occurrence.
  • A landlord shall give tenants notice of this Ordinance by either mailing and emailing a copy of the Ordinance to the tenants or by posting a copy of the Ordinance in a prominent location at the building housing the tenants, such as the mail room, the lobby, or the entrance to the building.  


The AAA encourages members to work with residents directly affected by the coronavirus on rent payment plans, and to waive late fees.

If you opt to offer residents options for extending their rent payments, you may utilize the following two forms from TAA:

These are also available in TAA REDBOOK Online in both Adobe Acrobat and Microsoft Word versions, and are available to TAA Click & Lease users now in a print-only form, and as forms you can complete through Click & Lease.


Quick Links

We are grateful to be able to be a resource for you during this time. If you have any questions as it relates to these notices or anything else, please send an email us at info@austinaptassoc.com or call (512) 323-0990.
 
Sincerely, 


Emily Blair, CAE
Executive Vice President 
NOTE: We take the health of our members very seriously and are monitoring the Coronavirus (COVID-19) situation closely. It is important to note that the Austin Apartment Association, Texas Apartment Association, and National Apartment Association are not experts in, nor licensed to, provide medical or epidemiological advice/guidance. As such, we encourage everyone to monitor and follow the recommendations of official government health organizations such as the Texas Health and Human Services (HHS), Centers for Disease Control (CDC) and World Health Organization (WHO). 
512-323-0990 |  austinaptassoc.com