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Kyle city council members consider ‘anti-eviction ordinance’ similar to Austin

April 7, 2020
in News
3 min read
Kyle city council members consider ‘anti-eviction ordinance’ similar to Austin

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KYLE, Texas (KXAN) — The city of Kyle is set to consider an anti-eviction ordinance at it’s city council meeting Tuesday night.

It follows the emergency measure Austin passed last month. The ordinance gives renters a 60-day grace period to come up with a payment plan.

Some in Hays County are hoping for that extra protection.

“It made me cry because I was just like, ‘How could they do this to us?’” says Michelle Moreno, who received notice to vacate on Sunday.

She lost her job after the COVID-19 outbreak and is having trouble paying rent for her Kyle apartment.

“Right now, I’m trying to hold onto what little I’ve got,” Moreno says.

She gets a little grace period, for now, because the state of Texas put those eviction hearings on hold.

“By the time the constables get all of those served, depending on how many there are, it could be the end of May until we do them all,” says Beth Smith, a Hays County Justice of the Peace judge.

KXAN asked what the delay means if you’re facing an eviction notice.

Michelle Moreno says she received this notice to vacate on Sunday night. (Courtesy: Michelle Moreno)

“So could this give renters some peace of mind to know that they can stay in their apartment until that eviction hearing is done, which could be the end of May?” KXAN asked.

“Yes. Absolutely,” replied Judge Smith.

Kyle city council members are now considering going a step further, with an “anti-eviction ordinance” that would stop vacate notices from going out in the first place, which states landlords must work with tenants for a minimum of 60 days before filing for eviction.

“If you get a notice that your rent is due, that is an appropriate notice to receive. What’s not appropriate is for a landlord to send notice that your contract is terminated and you have three days to exit the premises while we have a shelter in place,” says Kyle Mayor Travis Mitchell.

Mitchell says if the court process is on hold, landlords should use that time to work with renters.

“You should give them an opportunity to bring their accounts back full. It’s really not changing that much in terms of the legal process,” he says.

Moreno says that extra time would help her.

“No one’s trying to get out of paying their rent, you can’t live anywhere for free,” Moreno says.

If passed Tuesday, Kyle’s anti-eviction notice could go into effect immediately. Each violation could result in fines of up to $1,000. Kyle’s mayor says landlords will still be able to assess late fees.

“If you don’t pay your rent, a landlord has the ability to charge late fees per the law. Our ordinance does not change that. Our ordinance also does not forgive any of the rent that is owed,” Mitchell stresses.

KXAN reached out to Moreno’s apartment leasing office and management company several times for comment but has not yet received communication.

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