Page 16 - NBIZ October 2022

agreed to pursue rental assistance, Most of the programs require Endnotes
then the eviction case would be landlords to accept partial payments
8
abated. At that time, the court and/or waive late fees, penalties, and 1. https://texasrentrelief.com/faq/#fre-
would investigate and determine if interest. The programs also require that quent-questions (last visited September 30,
there are any outstanding rental the landlords not pursue any judg- 2022)
applications for the participating ments, litigation, or other writs until 2. https://texasrentrelief.com/
tenant. If both parties, the landlord there is a final decision regarding the faq/#frequent-questions
and the tenant, express an interest tenant’s application. Interestingly, the 3. https://texasrentrelief.com/program-high-
in participating in the program, then TRR landlord certification (Texas Rent lights/ (last visited September 30, 2022)
the court will abate the case for sixty Relief Program Landlord Certification) 4. https://texasrentrelief.com/
days. In order to reinstate the case, required landlords to certify particular faq/#frequent-questions
the landlord would file a motion to information including abating an 5. https://www.houstonharrishelp.org/faqs/
reinstate and show that the applica- eviction case, waiving late fees, not (last visited September 30, 2022)
tion has been withdrawn, denied, or charging late fees if those were above a 6. https://www.houstonharrishelp.org/faqs/
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canceled. After the court grants the certain percentage, etc. In theory, the 7. See State of Tex. Eviction Diversion Program
motion to reinstate, it must set it a Landlord Certification is not a bad idea. Info. Sheet, https://www.txcourts.gov/
trial for no more than twenty-one Unfortunately, property managers that media/1452487/trr-eviction-diversion-pro-
9
days from the motion. deal with the intricacies of the program gram.pdf (last visited Jan. 21, 2022); see
The Emergency Orders only may not be familiar with the stringent also Tex. Judicial Branch, Eviction Diversion
cover evictions regarding nonpay- requirements in the Landlord Certifica- Program, https://www.txcourts.gov/pro-
ment of rent. Yet, the extent of the tion. In other words, a landlord could grams-services/eviction-diversion-program/
Emergency Orders was litigated face penalties for enforcing, collecting, (last visited September 30, 2022)
in a couple of cases. An eviction or recovering past due rent, after In re Rent Space Mgmt LLC 2022 Tex. App. LEXIS
10
also known as a “forcible detainer accepting rental assistance. 653, *5, 2022 WL 248075
action” is intended to be a speedy, 8. Id.
simple, and inexpensive means to What are the Landlord’s choices? 9. See Emergency Orders, at ¶ 5.
obtain immediate possession of the- Landlords may wait and abate the 10. In re Rent Space Mgmt LLC, 2022 Tex. App.
property.'" Coinmach Corp. v. Aspen- case until it receives funds from the LEXIS 653, *7, 2022 WL 24; See In re Catapult
wood Apartment Corp., 417 S.W.3d respective program. Alternatively, Realty Cap., L.L.C., No. 05-19-00109-CV, 2020
909, 919 (Tex. 2013). In re Rent landlords may opt out of any of the Tex. App. LEXIS 1469, 2020 WL 831611, at
Space Mgmt LLC, 2022 Tex. App. various programs by emailing or call- *10 (Tex. App.—Dallas Feb. 20, 2020, orig.
LEXIS 653, *7, 2022 WL 248075. ing the agencies as noticed on their proceeding) (mem. op)
Texas Rule of Civil Procedure 510.7 respective websites. Sometimes as 11. https://www.ksat.com/news/
(c) which governs, in part, evictions discussed above, even opting out also local/2021/04/28/it-was-just-a-mess-texas-
provides that the eviction may not entails waiting or filing motions to rental-relief-program-has-distributed-about-
be set out farther than 7 days unless reinstate. Additionally, landlords may 3-of-its-billion-dollar-allotment/ (last visited
agreed by the parties. Tex. R. Civ. enter into settlement agreements with September 30, 2022)
P. 510.7. tenants to accept keys with a cash sce- 12. https://texasrentrelief.com/wp-content/
nario involving rental money already uploads/2021/04/TRR-Landlord-Certification.
The Realities of the Programs paid into the registry of the court and pdf; (last visited September 30, 2022)
Tenants in need of assistance have additional funds, and the tenant will
inundated the many rental programs voluntarily vacate by a certain date. In
causing delays. The administrative exchange, landlords may dismiss the
nightmare of establishing a system case and leave the tenant with a clean Angeline Vachris Kell is an Attorney
that verifies to whom to send out bil- eviction record. Sometimes, those at HooverSlovacek LLP. She received
lions of federal money is daunting. settlement agreements do not pan out, her J. D. from South Texas College
11
Tenants often lack the knowledge or and the landlord must pursue a writ of Law and a Bachelor of Arts with a
access to submit the documentation of possession. major in Spanish from the University
to apply to the programs. Although The past eighteen months have of Texas. Mrs. Kell is the Volunteering
the programs disbursed millions, been especially challenging for both and Community Outreach Chair of
the process has been complicated landlords and tenants due to the eco- the Hon. Arthur L. Moller/David B.
and slow. At times, checks would not nomic impacts of COVID-19. It may be Foltz, Jr. American Inn of Court.
reach the correct landlord, get issued exponentially more difficult to locate Information about Mrs. Kell is
multiple times, or go directly to the a new tenant than it is to work with a available at https://hooverslovacek.
tenant. Those bureaucratic difficulties current tenant. At least, information com/attorneys/angeline-angie-kell/.
signify a loss of money and time to and knowledge about choices can help Mrs. Kell may be contacted by email
the landlords. landlords protect their rights. N at kell@hooverslovacek.com.

16 NBIZ ■ October 2022