Supreme Court

Emergency Order Pushes Deadlines on Eviction Protections to Reflect Federal Law 

TEXAS SUPREME COURT advisory

Contact: Osler McCarthy
512.463.1441 or email
@OslerSCTX

December 29, 2020
EMERGENCY ORDER EXTENDS DEADLINES
TO REFLECT CHANGES IN FEDERAL STIMULUS LAW

In an emergency order posted Tuesday, the Texas Supreme Court extended deadlines for eviction procedures for tenants and landlords under the federal stimulus passed by Congress that to reflect its continuation of a CARES Act section and eviction protections issued in September by the federal Centers for Disease Control and Protection.

The revised order, the 32nd the Court has issued to answer issues prompted by the coronavirus pandemic, is effective January 1 and expires January 31, acknowledging deadlines in the newly enacted federal stimulus bill.

The order renews a requirement that landlords give a tenant behind on rent 30 days’ notice to vacate and the tenant to follow CDC requirements by declaring the rental property a “covered” under the CARES Act and provides that justice courts abate an eviction under certain provisions. The order continues means for a landlord to contest such an abatement.

The order notes that information on CDC eviction protections is available here and that questions may be answered by calling the Texas Legal Services Center at 855-270-7655. Questions on the emergency order also may be addressed to coronavirus@txcourts.gov.