3 Things to Know About Eviction Protection for Landlords in San Antonio, TX
You bought a rental property in San Antonio, TX, as an investment. You hope it will generate monthly income while increasing in value. Unfortunately, you now have a tenant that you want to evict.
Before you start filing eviction paperwork, take a moment to review San Antonio eviction protection laws. Your tenants have rights. You do not want to violate them unknowingly, as ignorance is no excuse.
1. Local Notice Rules
Texas landlord/tenant law requires landlords to give notice to their tenants. This notice must happen before they file to commence eviction proceedings.
Some cities in Texas have implemented additional requirements. San Antonio is one of those cities.
To comply with the local eviction law, landlords must provide their tenants with a Notice of Renters Rights. If a landlord fails to do so, they face a $500 fine.
Providing this notice is one of the services that a management company can provide for landlords.
2. Protection From Eviction Retaliation
A landlord cannot evict a tenant as retaliation for something the tenant did. Texas law defines the protected actions a tenant can take without fear of retaliatory eviction. If the tenant acts in good faith, they can do these things:
- Request a repair covered by law
- Report a code violation
- Start or participate in a tenant organization
- Exercise against a landlord a right granted to the tenant
A landlord cannot file eviction proceedings with the court clerk. An exception to this is if the tenant is behind on paying their rent, refuses to leave after the lease ends, or intentionally damages the property.
There are also actions a landlord cannot take that would qualify as an effective eviction, such as depriving the tenant of access, decreasing services, raising the rent, or prematurely ending the lease.
3. CARES Act Notice
The CARES Act came about as eviction protection services for tenants during COVID-19. The majority of the protections provided in this act have since expired. However, Section 4024 still applies to some landlords.
There is some discussion about whether this act still applies, though. The safest approach is to comply; you do not have to worry about violating it.
This section requires landlords to give tenants an extra 30-day notice on top of what the Texas landlord/tenant law outlines. This additional requirement applies to qualifying rental properties. Working with property managers in San Antonio can help you determine if your rental property qualifies.
The act applies to properties that are participating in federal housing programs. This includes Housing Choice and Section 8 programs. Home purchased using Freddie Mac or Fannie Mae also qualify.
Stay Familiar With Eviction Protection Laws
You can effectively manage your rental property by staying knowledgeable on eviction protection in San Antonio. Landlords must give plenty of notice to a tenant they intend to evict. They cannot use eviction as punishment or retaliation for the tenant exercising their rights.
PMI BrightStar is a San Antonio property management company that can help you follow applicable eviction laws. Our team follows statute changes to ensure our clients stay compliant.
Comply with Texas eviction protection laws and avoid fines by working with the professionals at PMI BrightStar.
