Your first guide is to check the rental agreement or lease. It is still a binding agreement between you and your tenants. This is your guide on what you can and cannot do.

Then, refer to state laws that covers rent-related issues, including limits on late fees, the amount of notice a landlord must provide to increase rent under a month-to-month tenancy, and how much time a tenant has to pay rent or move before a landlord can file for eviction.

Lastly, check with your local courts for closures or rulings like halting evictions in Texas until March 31, 2020.

At this time, the law has not changed with respect to a tenant’s obligation to pay rent. We advise Landlords to create a policy during this time of how to address rent payment issues with tenants in the coming weeks. Contact us for guidance.

CARES Act: If your rental home has a Federally Backed Mortgage Loan, you are prohibited from posting a notice to vacate, file for an eviction, evict, or charge any fees related to late payments for 120 days since March 27, 2020.

Decide how to communicate with your tenants
The right communication at the right time is key to this process. Knowing how and when will have everyone come out with the best result during this time. Stay away from rushing to reach out with emotions. This is a great time to pause and take a breath.

Should Landlords consider rent relief or a delayed payment plan?
Currently in Texas, evictions are delayed until March 31, and rent is still due. There no law or court ruling forcing landlords to provide rent relief or a delayed payment plan.
If you want to consider some sort of rent relief for your tenant, it would be out of grace and compassion and is a great option if you’re worried about protecting the condition of the home. Rent relief can be in the form of a promissory note for future payment, partial payment with deferred payment plan, or simply a reduction in rent.

You can also direct your tenants to the following income assistance programs:

• • The Texas Workforce Commission says if you lose your job because of the outbreak, you might be eligible for unemployment. They will look at past wages, how you lost the job and ongoing eligibility requirements.
  • If your tenant has a small business, they can apply for Disaster Loan Assistance through the US Small Business Administration (SBA)

If you own your house free and clear or through other means:

• If your local court has halted evictions, can Landlords still post a 3-day Notice to Vacate or Evict?
  You can follow all steps for eviction including posting a 3-day Notice and filing for an eviction if possible.
• What about Late Fees?
  Check the lease and your state laws. The consideration here is that if the courts are closed and evictions halted, it can be a similar situation to a federal holiday and pausing late fees for those days is considered.

UPDATED 3/28/2020

This is a good place to be proactive.

If you do not have your own maintenance/repair professionals on staff, reach out to your third-party vendors now and see what their company policies are with respect to whether they will continue to work in the coming weeks. Line up a back-up plan as needed. Communicate with your vendors about what their health and safety protocols are so that if the tenant asks, you can provide that information. If you have a tenant that is refusing vendor access, work with the tenant as much as possible to postpone routine scheduled maintenance or stabilize the repair as needed.

Depends on the repair. The exact terms of the landlord-tenant relationship, including access to the rental unit, are established through the lease and the Texas Property Code. Essentially, landlords are required to repair or remedy conditions that would materially affect the physical health or safety of an ordinary tenant. Determine if the repair request fits the criteria, and decide. It is important to take all appropriate health and safety measures to protect both the the maintenance repair persons and the tenants. Click here to see the recommendations from the Center for Disease Control (CDC).

Many utility services are offering some sort of limited protection against terminating services during this public health crisis. If tenants have questions on this issue, they should contact their relevant utility provider.

Landlords consider how they will handle tenant requests in the coming days and months. The terms of the lease with the tenant still govern everyone’s rights, obligations, and potential remedies during this national emergency. A tenant who doesn’t vacate may be subject to legal action, but whether a particular landlord is willing to pursue those remedies is ultimately up to that landlord. You can consider signing an agreement with the tenant to go month to month or a short term lease.

In addition, the Mayor has requested that all domestic travelers coming back to Houston to self-quarantine for 7 days, and international travelers for 14 days. This could mean that people will not be able to leave their homes. Again, landlords should begin to consider how they will handle tenant requests in the coming days and months.

At this time, landlords are required to disclose any tenant’s COVID-19 diagnosis or share that they are showing symptoms.

A material adverse fact must pertain to the physical condition of the property, not the tenant residing there. Even if you knew, there may be privacy issues that would likely prohibit such disclosure.

While there may be emergency standards established by a state government agency, none exists at the present time.  It is important to use an accepted industry standard. Click here to see the recommendations from the CDC.