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Also see the Eviction section of our Landlord/Tenant Law guide for more information about the eviction process.
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On August 3, 2021, the Centers for Disease Control and Prevention (CDC) issued an Order preventing many residential tenants from being evicted for nonpayment of rent.
Note This Order was struck down by the Supreme Court on August 26, 2021.
Eviction Diversion Program | Local Restrictions on Eviction | CARES Act Protections | Fight an Eviction
On August 3, 2021, the Centers for Disease Control and Prevention (CDC) issued an Agency Order halting evictions for nonpayment of rent for renters who met certain criteria. It was issued to help prevent the spread of COVID-19 which, the agency argued, could be worsened if many people across the country were evicted and forced to live in group settings, such as homeless shelters. This Order only applied to evictions for failure to pay rent or late fees. Other types of eviction were not covered by the Order.
Note This Order was struck down by the Supreme Court on August 26, 2021.
Yes. The CDC Order did not provide monetary relief for renters or landlords. The Order had "no effect on the contractual obligations of renters to pay rent".
Additionally, the Order did not prevent landlords from "charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract." Therefore, on top of the rent, the tenant may also owe additional fees that have accrued. For information on permissible late fees, please see the Rent page of our Landlord/Tenant Guide.
Established by the Texas Supreme Court, the Texas Eviction Diversion Program is a voluntary program that allows eligible landlords and tenants in Texas to agree upon a resolution relating to eviction and non-payment of rent.
When an eviction is filed, a landlord is required to review information about the program and attach an approved statement and brochure to the citation.
At the eviction hearing, the judge must discuss the program. If both the landlord and tenant are interested in the program, the judge is required to follow certain steps as outlined on the program website.
For more information, you can call The Texas Legal Services Center's toll-free hotline at: 855-270-7655.
The Texas Department of Housing and Community Affairs also offers a website about this program.
Some local governments and local court systems have given renters additional protections or have postponed all eviction suits for a period of time. Contact your local government to find out what the status of evictions is in your area.
Recently, the ability of local governments to pass ordinances regarding evictions has come into question. On August 7th, Attorney General Ken Paxton issued a non-binding opinion (KP-0324) [PDF] arguing that local governments may not write ordinances related to eviction that contradict state law. It remains unclear what affect this opinion will have on local eviction protections.
Section 4024 of the federal CARES Act temporarily suspended evictions for nonpayment of rent or other fees for tenants living at certain properties participating in federal programs or with federally backed loans. This eviction moratorium expired on July 24, 2020. After that, the CDC issued orders temporarily suspending evictions, but on August 26, 2021, the U.S. Supreme Court said the CDC's order could not remain in effect.
After July 24th, 2020, the CARES Act requires landlords at properties covered by the Act to give 30 days notice before beginning eviction procedures.