25th Emergency Order

The Supreme Court of Texas has issued its 25th Emergency Order, related to the CDC eviction moratorium, effective September 17. Below are some important highlights:

• LANDLORDS
  
  • The landlord must include in an original, amended, or supplemental petition information related to the CARES Act, as well as whether a Declaration under the CDC moratorium has been provided. This requirement applies to ALL evictions, even though the CDC moratorium and the 30-day notice to vacate under the CARES Act only apply to evictions for nonpayment.

• TENANTS
  
  • If a Declaration has been provided to the landlord, the court may not proceed unless the judge holds a hearing to determine whether they can proceed and enters a written order detailing why the case may proceed.
  • If a tenant provides a Declaration after an eviction suit is filed, they must file it with the court and serve it on the plaintiff. The court must then abate the case unless the plaintiff contests the Declaration and the court holds a hearing to determine next steps.

The 25th Emergency Order expires December 15.

Click here to read the Order in its entirety.

CDC Moratorium on Evictions

Effective September 4, 2020 through December 31,2020, a tenant may not be evicted from a residential property due to nonpayment of rent, if the tenant provides the landlord a copy of a declaration swearing or certifying that they are covered by the CDC Federal Eviction Moratorium Order and meet the following qualifications:

• The tenant has made their best efforts to obtain all available government assistance for rent or housing;
• The tenant expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the I.R.S., or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
• The tenant is unable to pay their full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;
• The tenant has made their best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;
• If evicted the tenant would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because they have no other available housing options.

The Moratorium does not apply to any evictions other than those for nonpayment of rent or other amounts due under the lease, such as late fees or utility payments.

LANDLORDS - If a declaration is provided to the landlord and that tenant meets the above qualifications, but the landlord files an eviction for a reason other than nonpayment, the landlord would not be able to recover rent for that eviction suit through December 31, 2020.

TENANTS – It is your responsibility to provide a copy of the declaration to the landlord. Each adult listed on the lease, rental agreement, or housing contract should complete this declaration.

•  You must still pay rent or make a housing payment and comply with other obligations that you may have under your tenancy, lease agreement, or similar contract. Fees, penalties, or interest for not paying rent or making a housing payment on time as required by your tenancy, lease agreement, or similar contract may still be charged or collected.

•  At the end of this temporary halt on evictions, on December 31, 2020, the housing provider may require payment in full for all payments not made prior to or during the temporary halt and failure to pay may make the tenant subject to eviction pursuant to State and local laws. Any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment.

Click here to view a copy of the CDC Federal Moratorium Order

Click here to print a copy of the CDC Federal Eviction Moratorium Declaration Form

Accessibility Notice: Due to the complexity of the preceding documents, these documents are scanned images. If you require assistance in accessing the information, please contact Justice Court One at 817-884-1395.