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There’s a freeze on evictions, but renters say they’re still being told they need to move out

Here are answers to some of the most frequently asked questions about renter's rights during the pandemic.

SAN ANTONIO — The Texas Supreme Court on Monday extended its moratorium on evictions through April 30, but despite orders at the state and local levels San Antonio tenants tell KENS 5’s Eyewitness Wants to Know team they’re still being told to leave through notices to vacate. Some tenants said they were locked out of their apartment altogether.

During a city council briefing Tuesday, district 1 city councilman Roberto Trevino discussed with his fellow council members the importance of educating renters on their rights during the pandemic and brought up the idea of a possible ordinance.

I've been told I need to move out within 72 hours. What should I do?

He said he’s heard in many cases, people issued a “Notice to Vacate” are under the belief that they are being served with a formal eviction notice. Some of the notices to vacate tenants have shared with KENS 5 state, “You are hereby given notice to vacate the premises on or before” a certain time -- typically within 72 hours of receipt.

“An eviction filing is very different from a notice to vacate,” Trevino explained. “So, there's a lot of confusion that when somebody receives a notice to vacate, they think that that is an eviction filing or an actual official action for eviction.”

Texas RioGrande Legal Aid deputy branch manager Ricardo Roman echoed Trevino, telling KENS 5 the notice to vacate, while the beginning of eviction proceedings, is not an eviction itself.

“The best option for most people will be stay put,” Roman said of tenants who receive such a notice. "Try and work it out with your landlord and realize: you do not have to leave until the judge signs a court order requiring you to leave."

He said the confusion is one that existed even prior to the pandemic.

“Tenants just do not understand that the notice to vacate is not a court order,” Roman said. "That's very important to understand. It is just a notice. But it is the first step in the eviction process. It's the notice from the landlord that tells the tenant, 'I am seriously going to evict you if you do not correct the problem, and the problem is usually the rent didn't get paid. That's what the issue is right now during this crisis."

The Supreme Court of Texas created two exceptions to the prohibition of eviction hearings: cases involving an imminent threat of physical harm or criminal activity.

Even then, Roman said there is still due process.

“The tenant still has to get their day in court,” Roman said. "The landlord has to prove that one of these two exceptions exist, and so it's not enough just to allege it.”

While Bexar County’s justices of the peace have closed their courts, Roman said there are still some eviction cases being heard.

Texas RioGrande Legal Aid advises tenants who are able to pay their rent to do so, because when the moratorium ends the tenant could still be subject to eviction for failure to pay. The legal nonprofit advises renters to call 311 or the local non-emergency number if their landlord tries to evict them. Trevino also said the city would like to know about any issues renters may be having.

"If anybody is trying to evict somebody, that is simply against the law. Let us know,” Trevino said.

The councilman advised people who receive notices to vacate to call the city’s Fair Housing Hotline at 210-207-5910 and to fill out the housing assistance survey online. 

What if I've been locked out?

Another issue renters have complained about is being locked out for nonpayment. Roman said the move is one that is intended to force landlords and tenants to talk and potentially work something out. He said before a landlord can change the locks, they have to notify the tenant.

“The good news here for the tenant is even if the tenant is behind on rent, the landlord must provide the tenant with a new key or let them back in,” Roman said. "And even if the tenant doesn't pay them any money again, it's purely to provide an incentive for the tenant to call the landlord and start discussing what the problem is. But the tenant does not have to pay a dime to get back in or get the key.”

Can my landlord come into my apartment and take things?

Roman said another thing for renters to be aware of is a landlord’s lien, which effectively allows a landlord to enter the tenant’s property and take things for the purpose of selling them and putting the proceeds toward what rent is owed.

"Number one is, the landlord does not get this power unless it is written in a lease,” Roman explained. "Not only does it have to be in a written lease, but it has to be conspicuous or set off in some manner so it draws attention...Maybe all capital letters, maybe bold print, maybe underlined -- but it's got to be set off so it draws your attention to it.

"Without that, the landlord has no right to enter and take anything from your apartment, with one exception. And that would be if you abandon the apartment, and it had been vacant for days and the rent wasn't paid. Then at some point, the landlord would obviously go in and start picking things up. But, generally, the landlord does not have that right unless there's something in writing.”

Roman said if the provision is written into the lease, landlords are able to take things plugged into the wall, such as TVs, stereos and computers. He said landlords are not able to take furniture or dishes, including beds, pots and pans.

Still have questions?

Texas RioGrande Legal Aid has a hotline that is open from 9 a.m. to 5 p.m., Monday through Friday. The group also has a website.

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