Texas Judicial Branch

Eviction Diversion Program 

Texans may be eligible for rental assistance and other services offered through local providers outside of the eviction process. To find out more about these programs, please visit the Texas Department of Housing and Community Affairs rental assistance website.

The Supreme Court of Texas established the Texas Eviction Diversion Program (TEDP) through the Twenty-Seventh Emergency Order Regarding the COVID-19 State of Disaster (which has been renewed through the Twenty-Eighth and Thirty-First Emergency Orders). With funding allocated by Governor Greg Abbott through the Texas Department of Housing and Community Affairs, the program seeks to reduce the number of evictions by enabling landlords and tenants to agree upon a resolution to non-payment of rent issues.

How Does the Eviction Diversion Program Work?

The TEDP is a voluntary program that permits eligible landlords and tenants to agree upon a resolution to the issues raised in an eviction case. If eligibility requirements are met, past due rent obligations may be eligible to be covered in full and the eviction case dismissed. 

  1. When a landlord files an eviction case, the landlord be required to state in the petition that he/she has reviewed the information on this website.
  2. All citations (notices that a tenant has been sued for eviction) must contain the following statement in both English and Spanish and an attached copy of the "State of Texas Eviction Diversion Program" informational brochure:

“If you and your landlord agree to participate in the Texas Eviction Diversion Program, you may be able to have up to 6 months of the rent you owe paid and stop your eviction. At your trial, the court will notify you about the Program and ask if you are interested in participating.  Find out more about the Program in the attached brochure, titled State of Texas Eviction Diversion Program, and at www.txcourts.gov/eviction-diversion/; and at https://texaslawhelp.org/article/texas-eviction-diversion-program. You may also call Texas Legal Services Center for assistance at 855-270-7655.”​

"Si usted y el propietario están de acuerdo en participar en el Programa de Desvío de Desalojo del Estado de Texas, podrá ser elegible para recibir asistencia de hasta seis meses de pagos vencidos de su alquiler y detener su desalojo. En su audiencia de desalojo, el juez le dará información sobre este programa y le preguntará si desea participar en él. Encontrará más información sobre el programa en el folleto adjunto titulado Programa de Desvío de Desalojo del Estado de Texas. Puede visitar los siguientes enlaces para más información www.txcourts.gov/eviction-diversion o https://texaslawhelp.org/article/texas-eviction-diversion-program, o llamar al Centro de Servicios Legales de Texas (en inglés, Texas Legal Services Center) por teléfono al 855-270-7655."

On the date listed in the citation for the trial of the eviction case, the judge must discuss this program with the landlord and tenant and ask whether the landlord and tenant are interested in the program. If both the landlord and tenant indicate they are interested in the program, the judge is required to delay the proceedings for 60 days, make the records and information on the eviction case confidential, and inform the landlord and tenant about the reinstatement procedure discussed below.

At any time during the 60-day delay period, the landlord can file a motion to reinstate the eviction case with the judge. The motion must be served on the tenant. The judge is then required to reinstate the eviction case, set it for trial within 21 days, inform the parties how to proceed, and make the records and information non-confidential. 

If the landlord does not file a motion to reinstate the eviction case during the delay period, the judge is required to dismiss the case with prejudice. All records and information will remain confidential. 

Where is the Informational Brochure?

The informational brochure is available in ten languages below:

When Does This Start?

The eviction diversion program is effective on October 12, 2020, for cases filed in the pilot counties identified by the Office of Court Administration. The following counties have been selected to participate in the pilot phase:

Bee Bexar Brazos Chambers Deaf Smith
El Paso Erath Fannin Grayson Harris
Jim Wells Kleberg Montgomery Palo Pinto Parker
Potter Randall San Patricio Wise  

 

The following counties will become a part of the pilot phase on February 1, 2021:

Bell Brazoria Cameron Collin Dallas
Denton Fort Bend Galveston Hidalgo Lubbock
Nueces Tarrant Taylor Tom Green Travis
Victoria Webb      

Note: The eviction diversion program is scheduled to become effective in all counties in Spring 2021 (check back for updates here). 

Who Is Eligible?

To be eligible for the eviction diversion pilot program, a landlord and tenant must meet the following criteria:

Landlord Eligibility Criteria Tenant Eligibility Criteria
  • Assistance for rent no older than April 2020
  • Rent for the household assisted may not exceed the TDHCA maximum limits
  • Must have a bank account and accept direct deposit
  • Units that are already receiving project-based assistance or are public housing units are INELIGIBLE
  • Units that are owned by a unit of government may be ineligible

  • Household income at or below 200% of poverty
  • Household has been financially affected by COVID-19 pandemic
  • Tenants are INELIGIBLE if they are receiving tenant-based voucher assistance, are in a unit receiving project-based assistance, or are in public housing

Where Can I Learn More About the Program?

The Texas Legal Services Center has established a toll-free hotline to assist individuals seeking legal assistance at 855-270-7655.

The Texas Department of Housing and Community Affairs has established a website and a toll-free hotline to provide information at 800-525-0657 or 512-475-3800 (pick option 4). 

Legal Aid Eviction Portal https://stoptxeviction.org/