FAQs related to the Supreme Court of Texas 25 th Emergency Order
The Supreme Court of Texas issued a 25 th emergency order relating to evictions , effective September 17 and expiring December 15 .
The 25 th Order requires all plaintiffs ( property owners ) in residential eviction cases to include information in the petition about whether the property is subject to the CARES Act and whether a CDC eviction moratorium Declaration has been provided to the property owner .
It also provides a procedure to allow eviction cases to proceed if the property owner contests the Declaration and the judge agrees with the property owner ’ s challenge .
1 . What does the 25 th Order require a residential property owner to do ? In all residential eviction cases , the property owner must include in an original , amended or supplemental petition the following information regarding the CARES Act and CDC Order :
• The premises are a " covered dwelling " subject to Section 4024 of the CARES Act
• The plaintiff is a multifamily borrower in forbearance under Section 4023 of the CARES Act
• The plaintiff provided a 30 days ’ notice to vacate as provided by Sections 4024 ( c ) and 4023 ( e ) of the CARES Act , and
• The defendant ( resident ) has provided the plaintiff ( property owner ) a Declaration under the CDC moratorium .
These requirements apply to ALL residential evictions , even though the CDC moratorium only applies to evictions for non-payment .
Here are two resources for owners :
• Updated TAA Eviction Petition with the warning included
• CARES / CDC Moratorium Affidavit from the Justice Court Training Center , which property owners may file to comply with the SCOTX Order .
2 . Why are we still obligated to provide CARES Act statements – isn ’ t the CARES Act moratorium over ? The language implementing the 30-day notice to vacate ( NTV ) requirement of the CARES Act has been interpreted differently by attorneys , tenant advocates and judges .
Unless or until Congress acts to clarify the law , interpretation and application of the CARES Act will be decided by the position taken by individual judges and case law — what appellate courts decide . TAA and NAA continue to seek clarity on this issue , but for the time being the language of the statute regarding the continued application of the CARES Act ’ s 30-day notice to vacate requirement is unclear and care should be exercised .