Texas Supreme Court Issues New Eviction Order

The Supreme Court of Texas issued a new eviction order that is effective September 17 through December 15, 2020.

The new order requires all property owners in residential eviction cases to include information in the eviction petition about whether the CARES Act applies to the suit, as well as whether a CDC eviction moratorium Declaration has been delivered to the property owner. It also provides a procedure to allow eviction cases to proceed if the property owner contests the Declaration or the CDC Order.

This is what the new order requires residential property owners to do:

In all residential eviction cases, the landlord must include in an original or amended petition whether or not:

1. The premises are a "covered dwelling" under Section 4024 of the CARES Act;
2. The plaintiff is a multifamily borrower in forbearance under Section 4023 of the CARES Act;
3. The plaintiff provided a 30-day notice to vacate as provided by Sections 4024(c) and 4023(e) of the CARES Act; and
4. The defendant has provided a Declaration under the CDC moratorium. 

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.

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.

Citations must include a new warning to the tenant about the CDC moratorium: 

The Centers for Disease Control issued an order stopping some evictions. You may be able to stop your eviction if you sign the attached Declaration under Penalty of Perjury for the Centers for Disease Control and Prevention’s Temporary Halt in Evictions to Prevent Further Spread of COVID-19 and provide it to your landlord and the court. Before signing the Declaration, read it carefully and make sure all the statements are true. The Declaration is sworn, meaning you can be prosecuted, go to jail, or pay a fine if any of the statements are not true. Find out more about the order at TexasLawHelp.org.

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If you have questions, please contact Jason Simon at (972) 739-9505 or  jsimon@aagdallas.com.