Has the Texas Supreme Court issued any guidance on the Centers for Disease Control and Prevention’s eviction order?
Yes, the Texas Supreme Court on September 17 issued an order that will be in effect until December 15. In the order, the court clarifies what landlords must provide in a sworn statement before proceeding with the eviction process. An eviction petition must include a sworn statement on whether or not:
- the premises is a “covered dwelling” subject to Section 4024 of the CARES Act;
- the plaintiff is a “multifamily borrower” under forbearance subject to Section 4023 of the CARES Act;
- the landlord has provided the defendant with 30 days’ notice to vacate under Sections 4024(c) and 4023(e) of the CARES Act; and
- the tenant has provided the landlord with a declaration under the Centers for Disease Control and Prevention’s agency order, Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19, that took effect September 4, 2020.
The citation issued by a court must also include language providing notice of the CDC’s order to the tenant, and the order states that a judge has authority to ask whether a tenant facing eviction is aware of the CDC’s order. Furthermore, the order clarifies that if a tenant files the declaration with the court and serves a copy of the declaration on the landlord after an eviction petition has been filed, the court must abate the eviction action, including the issuance and execution of any writ of possession.
What authority does the CDC actually have on state’s landlord rights?
They’re claiming it’s a health and safety issue.
I also strongly suspect that making the Order come from the CDC might have been for political reasons so that the White House wouldn’t get the “bad press” from Landlords so close to elections.
How will the individual landlords with one or tow rentals pay their mortgage if the tenants cannot pay. Many small single family investors break even on the rent and depends on the equity that they may gain in time? My opinion, none of the politicians are considering the struggle how the small investor will be able to pay the rent for politicans mistake and tenants that will abuse the system. I would like to see a provision for the mortgage lender to bear some of the burden. This law will cause havoc on the citizens that play by the rule… Read more »
“it is what it is”…LOL! Inherent risk in investments, be it real estate, stocks, bonds, the metals market, is a fact of life….no one is immune from risk….if you can’t take the heat, get out of the kitchen
You mean get out of MY kitchen, since the house is not yours, tenant.
Risks are inherent, yes. But international organizations such as the CEC, wHO, etc.. should have no roll in telling how Americans should conduct business. That is the role of our elected leaders.
I agree with you 1000000%
Landlord’s can still file a petition for eviction. The burden is on the tenant to file the “Federal Covid Hardship Affidavit”. The rule they are referring to in the article relates to additional requirements when filing that the Texas Supreme Court wrote to clarify issues with the CDC Order. The new rule also requires the Court give notice to the defendant of their right to file the “Covid Hardship Affidavit” as well as a mechanism for a landlord to challenge the affidavit. The CDC federal rules will still allow for an eviction based on other breaches (ie holding over, criminal… Read more »
Mortgage Companies are giving owners the option for ‘forbearance’ in this season. Homeowners can call their Mortgage Company to request it.
@Thelma Williams. Do you realize a forbearance is to postpone the payment that is or was past due? That means the landlord has to pay the past due balance all at once when the forbearance term has concluded. If the landlord doesn’t receive money from his tenants, then what does he do to pay the forbearance balance? It’s a lopsided order in favor of the tenant and anyone that decides to take advantage of the situation. Shame on all that are involved in making this happen. Property and landlord rights are being taken advantage of IMO.
Nope, wrong again. Public health is the focus. Property and landlord rights are being put on hold to ensure the safety of the public. If you don’t have a rainy day fund then you have been doing bad business. Access your PLAN B…
This new order is so one sided it is ridiculous. While I understand there needing to be some action taken for renters that have lost jobs due to COVID layoffs, this is going to absolutely ruin so many landlords.
If it ruins you, sell.
Most homes are not covered under the Cares Act, there are more apartment communities that are, but actual owners for rental properties, most can’t get a loan that is backed by the gov’t and there for it does not affect them. I had to evict a resident who tried to take full advantage of this. I was able to evict them because my owner did not have a federally backed loan, and they had to provide proof that they filed for assistance and could not.
The language here specifically states, under section 4023 and 4024 of the Cares Act that dwellings under Federally backed mortgage loans, are subject to these rules. It appear single family homes, owned by individuals, not subject to a Fed, or Hud loan, or not receiving any forbearance relief on said mortgage are not subject to these rules.
Furthermore, the wording under the Federal Law giving the CDC Director authority to prevent the spread of disease only states “across state lines” is general and would seem not to apply. It is a huge and unreasonable presumption that individuals will move across state lines, if evicted for non payment, and would automatically leave the school district they are in, the jobs they have, and the friends or family in that area.
That clause was probably added to provide jurisdiction to the CDC under the Commerce Clause of the U.S. Const., so that this law has nationwide applicability.
If the tenant won’t move and seller wants to sell the home…then what
So if you have a conventional loan, you are not subject to this?
Jenna, I’ve asked that question in forums, to politicians, two Boards and evryone has ignored me.
Several of you have posted questions about when the order applies. Please call the Texas REALTORS® Legal Hotline at 800-873-9155. The attorneys can help you understand the order; however, they don’t answer questions in the comment section.
To be clear, there is an Order signed by President Trump that came from the Center for Disease Control (CDC Order) and the Order handed down by the Texas Supreme Court. This article refers to a Rule that is temporary that was handed down by the Texas Supreme Court. The rules for filing an eviction petition are outlined in the Texas Rules of Civil Procedure 510. It requires that a plaintiff state certain facts under oath in their petition such as the property address and when and how a notice to vacate was given. This article refers to additional temporary… Read more »
Just to confirm, you are not required to give a 30 day notice unless you are subject to the CARES Act. So for single-family owners, you will likely not be subject to the CARES Act so a three day notice is sufficient.
Well I think it is fair to ask if the CDC or the court will pay for property taxes, insurance and maintenance. I think it is fair for them to pick up the tab at minimum.
While landlords,and investors are able to keep their home, tenants get an eviction that stays on their record for 8 years and no other landlord wants to work with an eviction. Homelessness is a stressful thing for a family. Relief should cover both tenant and landlord.
Nicely said Nia,
Lots of us were tenants at one time or another.
TAR should provide links for the CARES section they are referring to as well as to any reference from the CDC such as the Temporary Halt in Residential Evictions…”