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Facing eviction? Renter's rights you need to know

Legal experts will available to answer your questions during our Renter's Rights Phone Bank on Dec. 1 from 4 p.m. - 7 p.m.

HOUSTON — If you’re on the verge of being evicted or going through the process, KHOU 11 is here to help. 

We’re getting answers to some of the most common questions about evictions.

On Tuesday, KHOU 11 is teaming up with Houston Volunteer Lawyers and Harris County Commissioner Precinct 2 for a Renter’s Rights Phone Bank. 

Between 4 p.m. - 7 p.m., you can call (713) 274-2020 and get free legal help. The number will only be operational during the times of the phone bank.

Here is some advice and on two frequently asked questions:

When I get a notice to vacate, do I have to move out immediately?

Maricarmen Dollar, with Houston Volunteer Lawyers, say no.

“It’s actually a process that takes a couple of weeks, 2-3 weeks minimum,” she said. “With the pandemic, it’s been taking a little bit longer. That is the one big misunderstanding is that individuals need to vacate once they get that notice to vacate and that’s just not true.”

Do I still have to pay my rent and fees if I qualify for the CDC’s eviction moratorium?

“You’re going to owe all of that plus whatever penalties and fees they tack onto it,” said Dollar. “That’s the hard part. You have to know that at that point it’s all going to come due.”

Dollar reminds tenants that if they qualify for the CDC moratorium, they must provide a copy to the landlord. If an eviction has already been filed with the court, they must also file it with the court.

To find out if you qualify and to find the paperwork to apply, you can visit the Texas Law Help website.   

The site will also help if you need to represent yourself in court. Dollar points out that in some cases, HVL can provide one for you.

Here are more resources from Harris County Precinct 2 if you're facing evictions.

CDC Declaration:

On September 1st, the Centers for Disease Control (C.D.C) announced a national eviction moratorium for virtually all tenants in the U.S impacted by the COVID-19 pandemic. The order will be in effect from September 4, 2020 through December 31, 2020. The CDC declaration temporarily halts the eviction process at any step of the process. If the landlord has filed for eviction, you will need to file a copy of the declaration with the court in addition to giving the signed form to your landlord. The order does not provide financial assistance or rent forgiveness, this order only delays evictions.

You can find the CDC Declaration and instructions here 

 

Free Legal Assistance:

The Houston Volunteer Lawyers (HVL) is a non-profit service of the Houston Bar Association. They provide free legal aid to qualifying residents of Harris County facing civil legal problems (family law, probate, landlord/tenant). HVL has a screening process for extended representation services through which applicants are connected with a pro bono lawyer in private practice for the life of their legal problem.

To apply with Houston Volunteer Lawyers go to: MakingJusticeHappen.org or if you cannot apply online, please call 713.228.0735.

 

Eviction Defense Coalition:

The Harris County Commissioners Court has approved $1 million in initial funding for 12 months to support the COVID-19 Housing Legal Services Initiative. The primary objective of the initiative will be to provide legal advice and counsel to tenants at imminent risk of eviction. The Eviction Defense Coalition will assist with:

  • Advising tenants before evictions are filed when an imminent threat of eviction exists,
  • Providing direct representation once an eviction proceeding has begun
  • Providing representation in appeals as necessary to preserve justice for tenants
  • Delivering services in a variety for ways including but not limited to advice clinics, assignment of “lawyer of the day” on eviction dockets, representing in mediation clinics, etc.
  • Provide direct representation and other advocacy services to tenants through formal and informal settlement negotiations

 

Coalition Members:

  • Houston Volunteer Lawyers (any immigrant status)
  • www.makejusticehappen.org 
  • Apply online.  If you cannot, please call.
  • (713) 228-0735

 

Lone Star Legal Aid (cannot assist undocumented persons who are not crime victims)

  • www.lonestarlegal.org                      
  • Apply online.  If you cannot, please call.
  • (713) 652-0077

 

South Texas College of Law Clinic (any immigrant status)

 

Earl Carl Institute (TSU Thurgood Marshall School of Law)  (cannot assist undocumented persons)

 

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