MIDLAND, Texas — On May 14, the Texas Supreme Court issued a new emergency order that would allow landlords and property managers to issue eviction notices for rent problems starting on May 19.
However, not every property will be affected by the new emergency order.
"The CARES Act affects all properties that have federally backed mortgages through like Fannie Mae or Freddie Mac or ones that participate in federal affordable housing programs," said David Mintz, the Vice President for Government Affairs with the Texas Apartment Association.
Those who receive eviction notices because of rent problems, you are able to appeal with the Justice of the Peace.
"It’s not as if because somebody has a notice to vacate that they’re automatically going to be out on the streets tomorrow. They’re gonna have that opportunity to go to court and have the case heard and go through the process," Mintz said.
The TAA recommends that tenants try to work with their landlords or property managers before a potential eviction notice appears.
"If somebody is in a position where they find that they can’t pay their rent, I would encourage them as soon as possible to be in contact with the property management to let them know that they’re having an issue and see what the property management can do to work with them," Mintz said.
TAA wants you to know that landlords and property managers aren't always inclined to send out eviction notices. They are typically a last resort for property owners.
"Unfortunately from the property owner's perspective, they’re trying to meet their obligations and to pay their employees, to pay their vendors, to pay their mortgage and everything else that they need to do to run the property; pay their own property taxes, but they don’t want to evict people," Mintz said.
Evictions that were filed between March 27 and July 25 require petitions to be filed and to include a statement that the premises are not subject to the moratorium on evictions imposed by the CARES Act.
The CARES Act only applies to eviction cases involving non-payment of rent. See below if your home is covered by the CARES Act eviction moratorium.