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Ex. MET-AUS-059 Order Primary source read

County Judge Order No. 2021-07 Relating to Notices to Vacate, Eviction Proceedings in response to COVID-19

Order prohibiting and conditioning notices to vacate and evictions (August 1 through October 15, 2021)

Travis County Judge Andy Brown · Travis County, Texas (all cities and municipalities within the county listed in Exhibit A) (County)

The COVID Project

The record

Jurisdiction
Travis County, Texas (all cities and municipalities within the county listed in Exhibit A) · Austin · Texas
Level
County
Authority
Tex. Gov't Code ch. 418 and § 418.108(g), as recited
Issued
2021-07-30 July 30, 2021
Effective
2021-08-01
End
2021-10-15 (stated term; post-period successor not researched) (read as 2021-10-15)
In force
Aug. 1, 2021 to Oct. 15, 2021
Quarters
2021 Q3
Limitation types
Other
Addressees
  • landlords and property owners in Travis County
  • residential tenants paying $2,475 or less
  • commercial tenants
Functions reached
  • PM property management: notices to vacate conditioned and lockouts prohibited through Q3 2021
  • CM commercial leasing (commercial tenants covered)
  • CB tenants
Collection
Austin MET-AUS

Operative words

SECTION 2. Effective August 1, 2021 and continuing through August 31, 2021, unless terminated or modified by a subsequent order, the County Judge deems it in the public interest to PROHIBIT, except as otherwise provided in this subsection, the issuance of Notices to Vacate to a: (i) residential tenant who fails to pay rent and the amount of the tenant's rent is $2,475 or less per month, or (ii) a commercial tenant as defined in Section 5.... A landlord may issue a notice to vacate to a tenant described in this subsection if: (1) [imminent threat]...; (2) an insured casualty loss...; (3) [homestead]...; or (4) a residential tenant owes an amount of rent that exceeds the total of five (5) months rent that was due on or after April 1, 2020; and... (a) the landlord has exhausted all Rental Assistance Remedies...; or (b) either the landlord or tenant is not eligible for any Rental Assistance Remedies; and (c) The landlord notified tenant that an application for Rental Assistance Remedies was submitted... SECTION 3. Effective September 1, 2021 and continuing through October 15, 2021, unless terminated or modified by a subsequent order, the County Judge deems it in the public interest to PROHIBIT, except as otherwise provided in this subsection, the issuance of Notices to Vacate to a: (i) residential tenant who fails to pay rent and the amount of the tenant's rent is $2,475 or less per month, or (ii) a commercial tenant... [(4) three (3) months rent]... SECTION 4. Effective August 1, 2021 and continuing through October 15, 2021, unless terminated or modified by a subsequent Order, the County Judge deems it in the public interest to PROHIBIT the removal of property or exclusion of a tenant by a property owner in the manners described in the applicable sections of the Texas Property Code.

Enforcement

Chain penalty (misdemeanor fine not to exceed $1,000); enforcement section not rendered

Notes

Q3 2021 instrument in force from August 1 through September 30, 2021 (and to October 15); recites the Justices of the Peace Twelfth Modification of Standing Order regarding COVID-19 Mitigation, Order No. 14 (July 29, 2021), 'automatically abating residential eviction cases if the grounds for eviction are solely for non-payment', the 13.7 percent positivity rate for the week ending July 24, 2021 and the Delta wave; recites that 'childcare, live-music venues, arts venues, and restaurants/bars were among the industries first detrimentally impacted by the pandemic and are expected to be the last to recover'.

Retrieval note

Image-only PDF (21 pp.; recording no. 2021170198); pages 1-4 rendered and read; signature page not read, date from the file name and the recording sequence.