10 . What if a property owner only wants possession or there are breaches for non-payment AND other reasons not related to non-payment ? If a valid Declaration is provided to the owner that the resident meets the qualifications but the owner files an eviction for a reason other than non-payment , the owner could receive a judgment for possession , however the owner would not be able to recover rent in that eviction suit through December 31 , 2020 .
In these cases , the owner would need to show that the conduct they are evicting the resident for occurred , it was a violation of the lease or agreement , and a proper notice to vacate was delivered . Also , remember that even if the owner isn ' t seeking back rent , but is seeking " possession only " in a case based solely on non-payment of rent , the eviction is still a non-payment of rent eviction , and would be barred if the resident gave the owner a valid Declaration .
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 .
11 . Does this order supersede other local orders and ordinances ? No . Other orders or ordinances in your municipality may impact this process . You should check with your city , county , and local court or on their websites for any rules or regulations in addition to those required under the 25 TH Order .
TAA encourages members to consider consulting appropriate legal counsel for evictions that may be subject to the CARES Act or the CDC Order .
DISCLAIMER : TAA continues to monitor the developments surrounding Coronavirus ( COVID-19 ). This email is to provide you with general information from TAA ’ s perspective , which does not constitute legal advice . It is informational only and does not replace the advice of your own legal counsel .