If the resident is a “ covered person ” under the CDC order , the CARES Act becomes moot because the case cannot proceed . However , if the resident is not a “ covered person ” either because they don ’ t meet the qualifications or because they failed to provide a Declaration to the property owner , a court may consider the requirements of the CARES Act .
6 . What if I haven ’ t received a Declaration ? The case should proceed . You should give a notice to vacate and file an eviction after the time period in the notice expires . You need to make sure to include answers to the four questions in FAQ # 1 .
The revised TAA Eviction Petition includes all of these statements . You should then be able to proceed , obtain a judgment , and recover possession of the apartment .
7 . What if I receive a Declaration after I file an eviction ? Inform your legal representative and the court . If a court is informed by the property owner or resident at any point in the process , including after a judgment but before execution of a writ of possession , that the resident has provided a Declaration to the owner , the court must immediately halt proceedings .
The court will take the Declaration as valid on its face unless contested by the property owner . If the owner contests the Declaration , the court must hold a hearing to determine whether or not the moratorium applies . The court may not move forward unless a written order is issued stating why the Declaration does not prevent the case from going forward ( for example , because the case is not based on non-payment or one of the required statements is false ) and procedures that will apply to the case .
8 . If your petition is already filed and does not include the new CDC order pleading requirements , what should you do ? Amend the petition or supplement the petition to include the statements ideally . If you are unable to do that prior to trial , be prepared to testify that you have not received a Declaration claiming protection under the CDC Order .
The court has full authority to develop the facts of the case under Rule 500.6 . If a valid Declaration is provided , the court will abate the case until the CDC Order expires on December 31 .
Note that unless the owner raises the issue that the Declaration is not valid , the court will not inquire into the criteria that the resident swore to in the Declaration and will treat the Declaration as valid on its face .
9 . What about residents who hold over ? Remember , the CDC Order only stops residential evictions for non-payment of rent , and only if a valid , sworn Declaration has been delivered to the owner by the resident .
Nothing in this order would prevent an owner from :
• not renewing a resident ' s lease on expiration
• delivering a notice to vacate to a resident at will or by sufferance
• delivering a 30-day termination notice in a month-to-month tenancy , or
• delivering a notice to vacate or filing an eviction suit in these cases .
Additionally , under the 25th Emergency Order , an owner in these cases still must include in an original , amended , or supplemental petition whether or not a Declaration has been provided , even though the CDC Order doesn ' t apply to these cases .