army judge
Super Moderator
- Jurisdiction
- Texas
Do you remember in September, that time the U.S. Center for Disease Control and Prevention enacted THE federal ban on many types of evictions?
LATE BREAKING NEWS!!!
AUTHOR UPDATE!
The Republic of Texas (via our Supreme Court) today extended eviction protection for tenants until 15 March of 2021.
[Texas extends rental assistance program designed to avoid evictions]
That federal moratorium against evictions is set to expire at the end of this month, unless the feds act to reinstate it.
However, if you're facing an eviction in Texas and wish to avail yourself of the protections touted above, you must understand a few subtleties in the moratorium:
1 - The CDC moratorium only applies if the eviction alleges nonpayment of rent.
2 - If the tenant's eviction alleges other reasons (a lease violation for example), the landlord can pursue the eviction, and local authorities have to uphold Texas law.
3 - Tenants can qualify for protection under the federal eviction ban if the tenant earns no more than $99,000 per year [(or no more than $198,000 if filing a joint tax return)] and makes attempts to pay as much of the rent as he/she/they can, among the other qualifications.
4 - If a tenant meets all of the CDC requirements, renters must also submit a CDC declaration (attached below) and a landlord letter, (attached below) such as published by the Texas State Law Library, to the landlord.
Tenant letter to landlord:
https://texaslawhelp.org/sites/default/files/landlord_letter_-_cdc_eviction_order.pdf
Tenant CDC Declaration:
https://texaslawhelp.org/sites/default/files/cdc_housing_declaration_9.3.20.pdf
The Republic of Texas is working on an Eviction Diversion Program, [TJB | Eviction Diversion Program] which is scheduled to be available SOMETIME in January.
The Eviction Diversion Program is expected to cover past rent payments if both the landlord and the renter agree to it's terms.
For a full list of requirements, see the CDC's fact sheet. [https://www.cdc.gov/coronavirus/2019-ncov/downloads/eviction-moratoria-order-faqs.pdf]
LATE BREAKING NEWS!!!
AUTHOR UPDATE!
The Republic of Texas (via our Supreme Court) today extended eviction protection for tenants until 15 March of 2021.
[Texas extends rental assistance program designed to avoid evictions]
That federal moratorium against evictions is set to expire at the end of this month, unless the feds act to reinstate it.
However, if you're facing an eviction in Texas and wish to avail yourself of the protections touted above, you must understand a few subtleties in the moratorium:
1 - The CDC moratorium only applies if the eviction alleges nonpayment of rent.
2 - If the tenant's eviction alleges other reasons (a lease violation for example), the landlord can pursue the eviction, and local authorities have to uphold Texas law.
3 - Tenants can qualify for protection under the federal eviction ban if the tenant earns no more than $99,000 per year [(or no more than $198,000 if filing a joint tax return)] and makes attempts to pay as much of the rent as he/she/they can, among the other qualifications.
4 - If a tenant meets all of the CDC requirements, renters must also submit a CDC declaration (attached below) and a landlord letter, (attached below) such as published by the Texas State Law Library, to the landlord.
Tenant letter to landlord:
https://texaslawhelp.org/sites/default/files/landlord_letter_-_cdc_eviction_order.pdf
Tenant CDC Declaration:
https://texaslawhelp.org/sites/default/files/cdc_housing_declaration_9.3.20.pdf
The Republic of Texas is working on an Eviction Diversion Program, [TJB | Eviction Diversion Program] which is scheduled to be available SOMETIME in January.
The Eviction Diversion Program is expected to cover past rent payments if both the landlord and the renter agree to it's terms.
For a full list of requirements, see the CDC's fact sheet. [https://www.cdc.gov/coronavirus/2019-ncov/downloads/eviction-moratoria-order-faqs.pdf]