Congress and the State of Texas Temporarily Extend Some Protections From Evictions

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Jackson Walker

On Monday, December 21, 2020, Congress passed a new stimulus bill that will extend the nationwide eviction moratorium by one month, with an updated expiration date of January 31, 2021. The 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 31. The current federal eviction moratorium prevents landlords from evicting tenants for failing to pay rent as long as the tenants meet certain prerequisites. The protections are not automatic and require renters to submit a declaration before a judge testifying that the tenants meet the required criteria, including that they earn less than $99,000 annually, or $198,000 for couples. When the moratorium does end, tenants will be required to pay the rent due and the eviction process will pick up from the point it was halted.

Building on Congress’ extended eviction protections, the Texas Supreme Court also extended its emergency eviction relief program for tenants who are behind on rent through at least March 15, 2021—postponing the program’s expiration date by a month and a half. The Texas Supreme Court implemented the Texas Eviction Diversion Program this Fall to attempt to reduce the number of evictions in the state by enabling landlords and tenants to agree upon a resolution to non-payment of rent issues.

Those interested in learning more can visit the Texas Eviction Diversion Program page on the Texas Judicial Branch website.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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