AAGD Issues Legal Memo on SB 38 & CARES Act Notice to Vacate

There appears to be some confusion in the justice courts in Texas about the relationship between the CARES Act requirement of a 30-day notice, and the revisions to the Texas Property Code passed in the last session as part of Senate Bill 38.  Under the new law, CARES Act properties are NOT required to give 30-day notice before filing eviction. The requirements of both federal and Texas law are satisfied so long as the tenant is not removed from possession (through the execution of a writ of possession) until 30 days from the date of the notice to vacate has expired.

In response to this issue, AAGD and TAA have issued legal memos to justices of the peace making it clear that Senate Bill 38 is state law and the CARES Act 30-day notice to vacate requirement is no longer required.

 If you have any questions or need additional information, please contact Jason Simon, VP of Government Affairs, at jsimon@aagdallas.com. If you are an owner/manager or rental property owner and would like to submit your feedback on how SB 38 is being enforced in your local area, please complete this TAA survey here.

Click here to read the AAGD legal memo.

Click here to read the TAA legal memo.