Latest news with #TexasApartmentAssociation
Yahoo
24-05-2025
- Politics
- Yahoo
Texas House votes to fast-track evictions in anti-‘squatter' bill
AUSTIN (Nexstar) — The Texas House voted 85-49 Friday to send Senate Bill 38 to a third reading after adding four amendments on the House floor. The bill speeds up the process of eviction, which supporters say is necessary to combat the problem of 'squatters' — people who unlawfully live in an unoccupied home and refuse to leave. Opponents of SB 38 claim it's a device to make it easier to evict tenants, rather than to address the problem of squatting. 'I couldn't find the definition of squatters in this bill anywhere. Do you know where it is, if it is?' State Sen. Judith Zaffirini, D-Laredo, asked of three invited witnesses speaking on behalf of the Texas Apartment Association during a Senate State Affairs Committee meeting on March 24. 'We'll have an attorney up after this, who I think can provide that for you,' Stephanie Graves, President of Q10 Property Advisors, said. 'I believe that it was in the bill; it might have been taken out in a revision.' Texas House bans THC products, reduces criminal penalty for possessing intoxicating hemp The initial version of SB 38 made no distinction between any person who failed to pay rent. The word 'squatter' never appears in the bill. 'There's the concept in the law, it's kind of a two-prong,' Corey Rogers with the Texas Apartment Association said. 'It's the 'forcible detainer' which is a person that's defaulted but who would have a right to be there, but there's also the 'forcible entry and detainer'… and that's when they're forcibly entering into a unit.' But the only time the phrase 'forcible entry and detainer' appeared in the initial version of SB 38 is in the sentence 'eviction suits include forcible entry and detainer and forcible detainer suits,' meaning for the purposes of SB 38, there's no distinction between being a squatter or a leaseholder late on rent. 'We looked at the concept, Sen. Zaffirini, of trying to do a whole definition based on squatters, and the problem is that's not a commonly-used definition in the U.S., so we basically handled — besides the forcible entry and [detainer] — we looked at this as a nonpayment of rent,' State Sen. Paul Bettencourt, R-Houston, said. 'The other way, we were having to go all the way back to English common law to even find any definitions.' 'Right, but all three witnesses used the term squatter,' Zaffirini replied. 'Well, that's right, we use that to explain to the public that's listening, for lack of a better description,' Bettencourt said. Woman who won $83.5 million jackpot not paid 3 months later, sues Texas Lottery Commission However, Dallas-based attorney and tenants' rights advocate Mark Melton said that because of the lack of distinction, the bill is geared towards anyone who's even a couple of days late on rent. 'Texas is one of four or five states that doesn't have a right to cure, which just means if you're late on rent, then you have a few days grace period where, under law, if you show up with the full amount of rent the landlord has to take it,' Melton said. 'What happens here is maybe you've got a tenant that complained too loudly because their air conditioner didn't work in August, and then they're late on Sept. 1. When they show up on Sept. 2 to pay the rent, you say, 'No, no, you can keep the money, I refuse to take it. You're now late, and I'm just going to evict you. We see those kinds of retaliatory issues happen all the time.' The main goal of SB 38 is to speed up the timing of the eviction process, to 'alleviate the strain the eviction process can place on property owners.' The bill would replace a requirement for landlords to give tenants an opportunity to respond to the notice of proposed eviction before handing them a notice to vacate, allowing both notices to come at the same time. SB 38 also increases the methods in which a notice can be given, including any 'delivery to the inside of the premises' and 'hand delivery to any tenant of the premises.' A House floor amendment was voted on to make sure the notices aren't hidden within homes or hand-delivered to children 15 or younger. SB 38 prevents local governments from making any additional eviction proceeding rules other than what's in the Texas Rules of Civil Procedure, including any requirements of mediation or pretrial conference. The most transformative aspect of SB 38 was the authorization of judges to rule a 'summary disposition' — allowing the landlord to win without going to trial. Under the bill, the landlord files a sworn petition with the court to start an eviction case, and a sheriff or constable would have to serve the papers to a tenant. The tenant would have four days to respond, and if the court finds there are no disputable facts that would prevent a judgment in favor of the landlord, the court can rule in favor of the landlord without a trial. A House floor amendment dramatically altered the summary disposition clause, making sure it only referred to those accused of a 'forcible entry and detainer.' If summary disposition is denied, the trial would have to start no later than 21 days after the denial. SB 38 will likely be voted out of the House on Saturday with their floor amendments. In addition to the amendments listed above, another amendment was added to give Texans the right to cure their nonpayment of rent if they had never been late any other time under the lease. The Senate will have to choose whether to accept the House's amendments or send the bill to a conference committee before sending it to Gov. Greg Abbott's desk for signing. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
28-04-2025
- Politics
- Yahoo
The Texas senate has passed an anti-squatter bill — but critics call it 'pro-eviction' legislation
A bill that cracks down on squatting in Texas has passed the state senate. Bill 38 aims to provide property owners with a faster legal process to evict squatters from their dwellings and reclaim their properties. 'The current process is so broken that it punishes the rightful property owners while rewarding trespassers who know how to game the system,' State Sen. Paul Bettencourt, who authored the bill, said in a press release on April 10. I'm 49 years old and have nothing saved for retirement — what should I do? Don't panic. Here are 5 of the easiest ways you can catch up (and fast) Thanks to Jeff Bezos, you can now become a landlord for as little as $100 — and no, you don't have to deal with tenants or fix freezers. Here's how Nervous about the stock market in 2025? Find out how you can access this $1B private real estate fund (with as little as $10) The bill would give landlords the right to file for an eviction notice if they have given a tenant at least three days' prior notice, unless there's an existing lease or agreement with a different timeframe spelled out. In addition, the courts would be required to act between 10 and 21 days of the landlord's filing. 'You can't stay in the home because we have the ability to do a quick eviction process,' Bettencourt told Fox 7 Austin. There's limited data available to estimate how many squatters are currently holding property illegally in Texas. Cpt. Jim Sharmon, Harris County Constable Pct. 4, testified that there are hundreds of cases each year in a single Harris County Constable Precinct, according to a press release from Bettencourt in May 2024. Bettencourt also cited a third-party survey that reported 475 cases of squatting in the Dallas-Fort Worth area. He estimated there were thousands of cases across the state. In the April 10 press release, Bettencourt emphasized the problem by recounting victims' stories. 'A homeowner testified a squatter broke into her Mesquite home, sold her belongings for pennies on the dollar, and then a JP in Garland, Texas, ruled to keep the squatter in her home over the holidays, denying her the right to come home for Christmas!' he said. Read more: This hedge fund legend warns US stock market will crash a stunning 80% — claims 'Armageddon' is coming. Don't believe him? He earned 4,144% during COVID. Here's 3 ways to protect yourself Local Texas news station KHOU 11 reported a representative from the Texas Apartment Association testified that a group in San Antonio illegally seized more than 250 apartment units. The apartments were marketed as an immigration services center, but the group kept the rent money they collected for themselves. 'These stories are outrageous, but they're real — and they're happening statewide,' Bettencourt said in the release. State Sen. Molly Cook was among those who opposed the bill. '[Bill] 38 is very clearly a pro-eviction piece of legislation,' she wrote in a social media post. 'This bill would streamline evictions, erode due process and increase homelessness in a time where rent prices are increasing faster than peoples' wages. Housing insecurity is a public health crisis.' The Texas Tribune reported on the state's housing affordability crisis in January. Rising home prices have vastly outpaced incomes, according to the publication. Meanwhile, housing policy group Up for Growth estimates there's a shortage of hundreds of thousands of homes. Proponents of the bill argue that the proposed legislation works for both landlords and tenants with valid leases. 'I think we've struck the right balance between property rights of the owners and the needs of the of the renters, but to drive out the squatters that are really taking advantage of the fact that that they think they don't have to pay anything or they have no penalty of occupying what they don't own,' Bettencourt told Fox 7 Austin. The bill must pass the House before the governor can sign it into law. Want an extra $1,300,000 when you retire? Dave Ramsey says this 7-step plan 'works every single time' to kill debt, get rich in America — and that 'anyone' can do it Rich, young Americans are ditching the stormy stock market — here are the alternative assets they're banking on instead Here are 5 'must have' items that Americans (almost) always overpay for — and very quickly regret. How many are hurting you? This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
Yahoo
23-04-2025
- Politics
- Yahoo
A Texas bill targeting squatters would also hurt renters, leaving some homeless
Texas legislators wanting to get tough on squatters may, in the process, negatively impact some of the millions of legitimate renters in the Lone Star State. More than 11 million Texans are renters. Renters and their families comprise more than 37% of the population. In 2023, approximately 400,000 families, or 3.5% of Texas renters, faced eviction. According to the Eviction Lab at Princeton University, there are approximately 291,290 renter households in Travis County. Of those, approximately 13,384, or 4.6%, were the subject of an eviction filing in the last year. Similar Texas statistics illustrate possible renter peril statewide. Texas rules require that an eviction hearing or trial be held in as little as six days after the tenant is served with a petition. Two bills making their way through the Texas Legislature would cut that time to just four days in an expedited process and allow a landlord to ask a judge to award back rent without evidence of the debt. Proponents of House Bill 32 and its companion bill, SB 38, claim the bills target squatters. The Texas Apartment Association, a trade association of the rental housing industry, maintains the bill would close loopholes exploited by squatters and make removing them easier and less expensive. But squatters are not tenants. They are trespassers — people who occupy dwellings without permission of the owner. The number of Texas squatters is unknown, but according to the National Rental Home Council, in 2024 there were just 475 in the Dallas-Fort-Worth area, or less than 0.1% of occupants in rental housing. Yet the so-called anti-squatters bill would also apply to the 99.9% of people in rental housing who occupy their homes by virtue of a written or oral lease. It would almost certainly increase evictions across the state, cause housing instability and negatively impact tenants' physical and mental health. Current Texas law already provides a fast track for landlords, requiring a tenant to appear before a judge more quickly than in any other type of civil matter. Typical response time in justice courts is 14 days. The law already gives tenants only six to 10 days to respond after being served with the petition, enabling a judge to quickly determine who is entitled to the premises and how much money, if any, a tenant may owe. Reducing response time to four days means a tenant served with eviction papers on a Thursday night would have to respond in writing to the court by the following Monday. Even when alternative housing can be found, tenants who are unable to respond in time are likely to find that the court has entered a judgment for back rent that is just like any other court judgment to collect a debt. We understand Texas landlords face a growing problem with squatters, and we believe the Texas Legislature should explore all available options. Any relief should be targeted to address the harm caused by the 0.1% of occupants of rental housing characterized as squatters. The Legislature could easily limit the bills' expedited process to squatters and even provide more stringent criminal penalties. Regardless of what course the Legislature chooses, it should not come at the expense of the due process rights of 11 million Texas tenants by giving them only four days to respond to an eviction suit. Mary Spector is a law professor and associate dean for experiential learning, and Julie Forrester Rogers is a Provost Faculty Research Fellow and law professor at the Dedman School of Law at SMU. Spector directs the Civil/Consumer Law Clinic and teaches and researches consumer law. Rogers teaches and researches property and real estate law. This article originally appeared on Austin American-Statesman: A Texas bill targeting squatters would ensnare legal renters | Opinion
