The pandemic is long over in Houston, but the aftereffects are only just rearing their ugly heads. Evictions are at record highs, with 177,000 across Houston and other cities in 2023.
Such numbers are, in part, a result of eviction moratoriums enacted by the Fed during the pandemic. Landlords are forced into the very uncomfortable position of demanding back rent and evicting those who don't comply. If you are a landlord in this sticky situation, how do you navigate it?
Today, we look at the post-pandemic tenant eviction process in Houston. Think of this as your tenant removal guide and your eviction notice procedures, all balled into one.
Moratorium on Evictions during Covid
So the biggest question is this: what's the situation with the eviction moratorium? During the pandemic, the federal government passed the CARES Act. The CARES Act did the following:
- Suspended nonpayment-related evictions
- Suspended evictions for other fees
- Only affected federally-funded properties
The "eviction moratorium," as it was called, only lasted for 120 days. In Houston, it was no longer in effect by July 2020. So as you can see, you are well within your landlord legal rights to collect rent as normal.
Other CARES Act Stipulations
While the so-called moratorium is gone, the CARES Act remains. It lends one protection to tenants: a longer eviction notice duration.
As a result, you must give tenants an additional 30-day notice before carrying out evictions. However, this only applies if you meet the following requirements:
- You participate in federal housing programs
- Purchased the property with federal funds
- Received Fannie Mae or Freddie Mac loans
In essence, you must be participating in Housing Choice or Section 8. Barring that, the stipulation does not apply.
Tenant Eviction Process
With that out of the way, how does one navigate a Houston eviction? Evictions in Houston aren't all that different from evictions anywhere else. The general procedure is the same, with these steps:
- Serve an eviction notice
- File an unlawful detainer for noncompliance
- Wait for the tenant's response
- Wait for the judge's ruling
- Get your court-served writ of possession
- Wait for the sheriff's eviction
Several of these steps depend on how compliant (or noncompliant) the tenant is. In some cases, they will vacate the premises as soon as you serve them the eviction notice. In other cases, they will fight you tooth and nail to the bitter end.
In Houston especially, the process is much faster than in other places. According to Texas Monthly, your eviction shouldn't take longer than a few minutes in court.
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Evictions are a tricky subject, especially after pandemic eviction moratoriums. However, the only remaining eviction protection left from the pandemic is the CARES Act, which gives an extended notice duration. Otherwise, the procedure works the same as it did before.
At PMI Fine Properties in Houston, our testimonials speak for us. Our customers praise us for how professional we are, how hard we work for them, and our family-friendly values. You can become a part of our happy family by starting with a rent analysis.
