Texas Supreme Court Extends Deadline on Eviction Protections to Reflect Federal Eviction Moratorium

January 6, 2021 | Insights

This article, originally published on December 28, 2020, has been amended to include updated information regarding the Texas Supreme Court’s emergency order.

By Kate Goodrich

In an emergency order signed on December 29th, the Texas Supreme Court extended statewide emergency eviction procedures for both tenants and landlords.

The revised order now reflects the recent extension of federal eviction protections. On December 21, 2020, Congress passed a new stimulus bill that extended the nationwide eviction moratorium for certain protected tenants by one month, with an updated expiration date of January 31, 2021. The eviction moratorium, which was first enacted by the Centers for Disease Control and Prevention (CDC) in September, was previously set to expire at the end of the year on December 31st.

The Texas Supreme Court’s revised order, the 32nd the Court has issued so far in response to the coronavirus pandemic, became effective on January 1st and will expire January 31st. The order renews the following requirements from the previous order: that landlords give a tenant behind on rent 30 days’ notice to vacate, that tenants must follow CDC requirements by certifying a declaration that the rental property is “covered” under the CARES Act, and that justice courts may abate an eviction under certain provisions. The revised order continues to maintain mechanisms for a landlord to contest such an abatement.

For additional information about federal, state, or local evictions, contact a Jackson Walker attorney or go to JW.com/Coronavirus.

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Please note: This article and any resources presented on the JW Coronavirus Insights & Resources site are for informational purposes only, do not constitute legal or medical advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

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Kate Goodrich
Governmental Affairs Consultant, Austin