Texas Supreme Court Emergency Order Update

Due to COVID-19, the Texas Supreme Court issued several Emergency Orders.

Most recently, the Texas Supreme Court issued it’s 42nd Emergency Order, renewing until December 1st, the Texas Eviction Diversion Program. This program helps tenants avoid being evicted while also compensating landlords for past due and upcoming rent payments.

Also, the Supreme Court of Texas also issued their 43rd emergency order – extending until December 1st the courtroom usage of video and teleconferencing methods in both civil and criminal cases; while also allowing Justice of the Peace and Municipal Courts to modify certain deadlines. Lastly the 43rd emergency order also allows courts to continue the use of remote hearings.

If you have any questions on how these or any of the prior emergency orders will impact you, contact David Hsu anytime by phone/text to 832-896-6288 or by email at attorney.dave@yahoo.com.

Can the CARES act save me from eviction?

focused young lady sitting on floor in living room
Photo by Vlada Karpovich on Pexels.com

Following the COVID-19 pandemic, I have received many calls from tenants who asked me about the CARES Act and whether the CARES Act applies to them.

What is C.A.R.E.S.?
The CARES Act is short for the Coronavirus Aid, Relief, and Economic Security Act that was signed into law on March 27, 2020. This act prohibits filing new evictions for non-payment of rent against tenants. The ban is to last for 4 months and ends on July 25th.

Who is impacted by the CARES Act?
If your apartment complex takes advantage of the Federal Housing and Finance Agency’s (FHFA) COVID-19 forbearance program, your landlord cannot evict you from your apartment. If the Landlord received a forbearance on his mortgage, the landlord cannot evict you for unpaid rent.

The CARES Act will apply to any property that is “insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government.” That means properties are not allowed to evict you until July 25 if they:

  1. Participate in Section 8 or Housing Choice
  2. Have been purchased by or received loans from Fannie Mae or Freddie Mac
  3. The act also stops landlords from charging late fees on these properties.

Can my landlord evict me before July 25, 2020?
No, the CARES Act does not allow a landlord evict for nonpayment of rent or late fees. After July 25th, the Landlord must give 30 days notice of filing for eviction on the basis of non payment of rent before he can file a suit to evict. As such, the Current CARES Act covers tenants until August 23, 2020.

If you are a Landlord or Tenant with any questions about the CARES Act, give me a call on my cell or text, 832-896-6288. If you have any other legal questions (criminal, family, civil, etc.) or know someone who needs to “talk to an attorney”, give me a call too or send me an email: attorney.dave@yahoo.com.