MEMBER UPDATE
COVID-19 Emergency Orders Extended by Supreme Court to September 1 , 2022
The Texas Supreme Court issued its 52nd and 53rd Emergency Orders of the COVID-19 pandemic this week . The orders pertain to the Texas Eviction Diversion Program and the ability to hold remote proceedings with certain limitations .
What does this mean for you ? To minimize delay and expense of the eviction process , it is more important than ever to prepare for the eviction process . This includes ensuring there is :
1 – proper delivery of a Notice to Vacate ; 2 – correct contents within the Notice to Vacate ; 3 – the correct number of days ’ notice given to the resident ; 4 – a knowledgeable representative of the owner at the trial prepared to answer questions about rental assistance ; 5 – the proper owner or assumed name on the petition .
While these orders should not create unnecessary impediments to the eviction process or mandate that an owner participate in the rental assistance program , TAA continues to advocate to the Court that eviction cases should be treated the same as all other types of litigation and that these orders are unnecessary and may lead to unintended consequences .
Pursuant to the 52nd Order , the judge MUST abate the eviction for 60 days if the owner has a pending rental application for that resident or expresses interest in applying at the trial . Therefore , BEFORE THE TRIAL , the owner should decide whether to engage in the rental assistance process for the particular tenant and time in question ( which may involve the possibility that the application is denied or is not funded ), or if they want possession of the unit . If the owner does not want to participate in rental assistance , it may be beneficial to state that fact upfront in any correspondence or discussion with the court .
Note : While the Texas Rent Relief program is
not currently accepting applications , the state is still processing some rental assistance using reallocated and recaptured funds . Many local programs also still have rental assistance available . It is also possible that additional funding may be made available in the coming months .