Has the Texas Supreme Court issued any guidance on the Centers for Disease Control and Prevention’s eviction order?

是的, the Texas Supreme Court on September 17 issued an order that will be in effect until December 15. 按顺序排列, the court clarifies what landlords must provide in a sworn statement before proceeding with the eviction process. 驱逐请愿书必须包括一份宣誓声明,说明是否:

  1. 该处所是受《护理法》第4024条约束的“有盖住宅”;
  2. the plaintiff is a “multifamily borrower” under forbearance subject to Section 4023 of the CARES Act;
  3. the landlord has provided the defendant with 30 days’ notice to vacate under Sections 4024(c) and 4023(e) of the CARES Act; and
  4. the tenant has provided the landlord with a declaration under the Centers for Disease Control and Prevention’s agency order, 暂时停止驱逐居民,防止COVID-19进一步传播该法案于2020年9月4日生效.

The citation issued by a court must also include language providing notice of the CDC’s order to the tenant, and the order states that a judge has authority to ask whether a tenant facing eviction is aware of the CDC’s order. 此外, the order clarifies that if a tenant files the declaration with the court and serves a copy of the declaration on the landlord after an eviction petition has been filed, 法院必须撤销驱逐行动, 包括任何占有令状的签发和执行.