Self-Storage & during the COVID-19 Crisis by Connie N. Heyer, Niemann and Heyer, LLP, TSSA Legal Counsel

What are the state-wide rules/orders related to self-storage evictions and foreclosures? There are no state-wide orders related to self-storage evictions or foreclosures. The Texas Supreme Court has issued an order prohibiting residential filings until April 30, 2020. (Order No 20-9052). This order would not apply to self-storage evictions (except for evictions of an onsite manager from an onsite residence).

Owners should use their own discretion in continuing to conduct sales. It might make sense in some instances, especially if a delinquency is relatively new, to press pause on foreclosure proceedings. However, it is likely that any unit your facility has posted for an upcoming auction sale is that far pre- dated the COVID-19 crisis. Check your local orders for any specific prohibitions, and then use your own judgment. During this time, in order to ensure that social distancing and congregation limits can be abided by, auctions should probably be conducted online only. If your newspaper ad advertised an in-person auction, you may need to cancel, reschedule the auction—whether changing it to online or at a later date—and republish the ads.

What about local rules/orders affecting foreclosure and eviction? There are a number of local orders. A sampling of them will be discussed here, but there are too many to summarize, and they change quickly. You should check your current local orders before proceeding with any eviction or foreclosure. Some local orders address foreclosure, but most local orders reviewed for purposes of this article addressed only real foreclosure sales conducted on the courthouse steps (such as would happen eventually if you did not pay your home mortgage).

Austin/Travis County: Austin is one of the few areas that has orders in effect for both residential and non- residential leases. Travis County order 2020-6 is effective through May 8 and prohibits any eviction notices to vacate from being given through May 8. This order also prohibits “removal of property or exclusion of a tenant” in a manner described in the Texas Property Code. It is not crystal clear how this order affects self- storage . However, to be safe, it is recommended that no new overlocks/lockouts be made through May 8 and no auction sales be conducted through May 8.

El Paso: El Paso’s order prohibits evictions for non-payment (like Austin’s, it is not limited to residential evictions), lasting until the mayor of El Paso ends the state of disaster declaration.

Kyle: Kyle’s order applies to residential evictions only, and effectively prohibits residential evictions through May 18.

San Marcos: San Marcos’ order also applies to residential evictions only and requires a 90-day notice be given to residential tenants prior to eviction.

In summary, residential evictions are prohibited at least through April 30 (it is possible that the state-wide order will be extended.) For self-storage evictions and sales, check your local orders and use your own judgment as to continuing with any eviction or lien process you have in progress.