What the Order Says :
The Court must ask the landlord whether they have a rent relief application pending or provided information to a rental assistance program . having to market a unit after a skip ). This new provision should eliminate this affirmative defense . So if this is used against you , point out that that the 58th Order says “ No .”
What Actually Happens in Court :
If the Landlord does not adamantly state that they have no interest in rental assistance , the Court abates the case for 60 days and makes the case confidential . Then the case is dismissed with prejudice at the end of the 60 days if no Motion to Retain is filed within the 60 days .
The Only New Addition :
“ Nothing in this Order requires the plaintiff-landlord to participate in a rental assistance program .”
Why This New Addition Is Important :
You can find the 58th Order here : https :// www . txcourts . gov / media / 1455517 / 229119 . pdf .
The 58th Order expires March 1 , 2023 , unless SCOTX extends it further .
Stay tuned and please watch what happens in this legislative session beginning this month in Austin .
R . David Fritsche is an attorney with The Law Offices of R . David Fritsche , General Counsel to the San Antonio Apartment Association , and engages in the practice of landlord / tenant law and civil litigation . He can be reached at ( 210 ) 227-2726 , facsimile ( 210 ) 227-5550 .
Legal Aid has been taking the position that a landlord who does not accept rent relief is not mitigating its money damages and can ’ t evict ( just like you www . saaaonline . org | JANUARY 2023 17