I hope your 2024 is off to a fabulous start. The new year brings a couple of exciting changes to REDBOOK Blues. First, AATC is now FWAA (Fort Worth Apartment Association). New name, same great organization; Second, FWAA Treasurer and Government Affairs Committee Chair April Royal, Vice President of Property Management at Birchstone Residential, is the new REDBOOK Blues author.
This year begins the twelfth year of REDBOOK Blues. These monthly articles seek to provide best practices for operational issues that arise for FWAA members. REDBOOK Blues does not provide legal advice. If you need legal advice, contact one of FWAA’s member attorneys (https://www.aatcnet.org/legal-services-program).
For 2024, REDBOOK Blues will explore issues and operational dilemmas you and your onsite teams encounter. REDBOOK Blues articles provide you with references and links to the TAA REDBOOK that help you navigate legal and lease challenges.
This month, we discuss the lingering effects of the 30-day notice to vacate (NTV) provision in the 2020 federal CARES Act.
While much of the COVID-19 pandemic rental assistance and eviction moratorium legislation has expired, a provision in the CARES Act that requires FWAA member properties that are “insured, guaranteed, supplemented, or assisted” by the federal government to give a 30-day notice to vacate (NTV) remains. If your property accepts Housing Choice Vouchers (a.k.a. Section 8) or was financed by Fannie Mae or Freddie Mac, then this 30-day NTV applies to all residents at your property.
In August 2023, FWAA members Sarah Turner, Nicole Zaitoon, and Jim Floyd, along with AATC Director of Government Affairs Perry Pillow, met with long-time FWAA friend and U.S. House of Representatives Appropriation Committee Chair Kay Granger (R – TX 12) to discuss ending the CARES Act 30-day notice to vacate. FWAA asked Granger to include language in the federal FY 2024 appropriations legislation to abolish the CARES Act 30-day Notice to Vacate provision. This legislation has not moved forward.
Unlike Dallas and other Texas municipalities, the great news is that neither Tarrant County nor any Tarrant County city add additional days to the NTV requirement.
Whether or not the CARES Act covers your property, the beginning of the year is a wonderful time to review and familiarize yourself and your colleagues with the Texas NTV process.
Per usual, the TAA REDBOOK contains guidance on NTV. Click on the following link to learn about NTV: https://www.taaredbookonline.org/evictions-and-remedies/alternatives-to-eviction/recommended-eviction-procedures-for-non-payment-of-rent-or-holding-over
Following is a summary of the NTV procedures:
- Provide a Notice to Vacate before filing eviction in Justice of the Peace Court.
- Texas law requires a 3-day notice unless a lease includes a shorter notice. The TAA Lease provides for a 1-day notice. ( Most Tarrant County JPs require three days even though the statute allows one day).
- NTV delivery requirements:
a. Hand-delivered to anyone residing in the rental unit older than 16 years of age;
b. Posted on the inside of the front door or
c. Mailed - Alternative delivery method – NTV may be posted outside of the main entry door if:
a. Unit has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents entry into unit; or
b. You reasonably believe that harm to the person delivering the NTV would result from entering the unit. - If NTV is posted outside, you must do the following:
a. NTV must be placed securely on the outside door;
b. NTV must be in a sealed envelope;
c. Envelope must have the resident’s name and address on it;
d. Envelope must clearly state in CAPITAL LETTERS: “IMPORTANT DOCUMENT”
e. A copy of the NTV must mailed by 5:00 p.m. the same day as it was attached to the outside door, and TAA recommends that you document exactly how and when notice was given. See the “Proof of Delivery of Notice to Vacate.”
Pop quiz: Do you have to file an eviction after delivering an NTV?
Answer: Surprisingly, No! You do not have to file an eviction after delivering a notice to vacate. The notice to vacate is a demand for possession of the apartment. If a resident moves out after being given a written demand for possession, i.e., a notice to vacate, then the property owner does not need to file an eviction. However, if a resident does not move out within the time outlined in the notice, an owner should proceed with the eviction. You should file an eviction shortly after the date the resident must vacate. If this does not occur, you should send a new notice to vacate and file an eviction accordingly.
Operational Tip: The TAA REDBOOK has outstanding resources, forms, and guidance regarding evictions and other remedies. Click on the following link to learn more: https://www.taaredbookonline.org/evictions-and-remedies
April Royal, Birchstone Residential, is FWAA’s 2024 Treasurer and Government Affairs Committee Chair.
