EVICTION
DISCLAIMER: The information contained in this section is Not purported to be all inclusive.This publication is a research tool and NOT the counsel of an attorney. This publication is NOT a substitute for the advice of an attorney, you are strongly encouraged to consult the actual law, or consult with an attorney for answers.
An Eviction case is a lawsuit brought to recover possession of real property, often by a landlord against a tenant. A claim for rent may be joined with an eviction case if the amount of rent due is unpaid is not more than $20,000, excluding statutory interest and court costs, but including attorney fees, if any. All Eviction suits must be filed in the Justice of the Peace precinct where the property is located.
11/11/2021
Texas Supreme Court's 44th Emergency Order Issued
Due to the closure of the application portal for the Eviction Diversion Program, the Supreme Court has issued its 44th Emergency Order.
Read the 44th Emergency Order.
CDC Renews Eviction Moratorium 9/23/2021
Texas Supreme Court Renews Emergency Orders
On September 23, the Texas Supreme Court issued its 42nd and 43rd Emergency Orders. The 42nd Order renews the 39th Order, relating to the Eviction Diversion Program. Changes include:
The court must allow, if available, representatives from legal aid or volunteer legal service organizations to be present to provide information and/or assistance.
In addition to confirming if the plaintiff has pending applications for rental assistance, must confirm if the plaintiff has provided any information or documentation directly to a rental assistance provider for the purpose of receiving rental assistance, and if they have, the records must be made confidential.
Makes explicit that the case must be immediately abated and immediately made confidential, and also must be dismissed the day after the abatement period ends if no request to extend the period or reinstate the case is made.
The Order is effective immediately and valid until December 1, 2021.
Read the 42nd Emergency Order.
The 43rd Emergency Order renews the 40th Order, providing broad discretion to courts related to prevention of the spread of COVID-19. Changes include:
Removal of the ability to hold court away from the court's normal location.
Ability to modify procedures and deadlines is now limited to justice and municipal courts, and may only be used to modify deadlines and procedures related to trials or pretrial hearings, and only for a stated period ending no later than April 1, 2022.
Judges authorized to adopt minimum standard health protocols have the authority to mandate compliance with those protocols.
The Order is effective October 1 and valid until December 1, except for the portion effective until April 1, 2022.
Read the 43rd Emergency Order.
40th Emergency Order - Effective July 19, expires October 1, 2021, with some provisions effective through January 1, 2022. Broad order extending the previous authorization of delay/modification of procedures when necessary due to COVID-19 through October 1 (jury trial and pretrials through January 1, 2022) Read the 40th Emergency Order
39th Emergency Order - Effective July 19; expires October 1, 2021. This order extends the Texas Eviction Diversion Program, which is designed to curb a surge of COVID-related evictions, assist vulnerable tenants, and provide an alternative to eviction for landlords (Read the 39th Emergency Order here.) Eligibility for the program will be determined by the Texas Department of Housing and Community Affairs (TDHCA). Please see the Diversion Program FAQ section above for full information and to download the forms and documents related to the program.
Order Vacating Nationwide Eviction Moratorium issued by the CDC
STATE OF TEXAS EVICTION DIVERSION PROGRAM (Effective February 15, 2021)
What is the Eviction Diversion Program
The Texas Supreme Court, in conjunction with an order from Gov. Abbott and with the Texas Department of Housing and Community Affairs has created the Texas Eviction Diversion Program, which is designed to curb a surge of COVID-related evictions, assist vulnerable tenants, and provide an alternative to eviction for landlords.
Eligibility for the program will be determined by the Texas Department of Housing and Community Affairs (See the TDHCA site for more information.)
Visit the OCA program information page for program details.
The Supreme Court has issued its 35th Emergency Order that implements the program statewide, beginning February 15, and outlines some of the provisions and procedures (read the 35th Emergency Order).
Funding for rental assistance and eviction diversion will be available for distribution to eligible landlords/tenants and can cover up to 12 months of past due rent and utilities (from March 13, 2020, to present) and up to 3 months of future rent. Landlords must agree to waive late payment fees and their previous claims (both for non-payment of rent or others), and the funding will be direct deposited with the landlord. Tenants must meet income eligibility requirements (at or below 80% of Area Median Income) and be financially affected by COVID-19.
34th Emergency Order (Expired March 31, 2021)
25th Emergency Order
The Supreme Court has issued its 25th Emergency Order, related to the CDC eviction moratorium, effective September 17. Click here to read the Order.
CDC ISSUES FEDERAL EVICTION MORATORIUM ORDER 9/3/2020
On September 1, the CDC released an order (click here to read the order) creating a federal moratorium on residential evictions for nonpayment of rent for “covered persons” from the effective date of the order (expected to be September 4) through December 31, 2020.
Determining if an Eviction Case is Subject to Federal Moratorium - Updated 4/20/20
The CARES Act (coronavirus stimulus bill) contained provisions halting many evictions for tenants in properties covered by a federally-backed mortgage for 120 days from its enactment.
The bill provides a temporary moratorium on evictions for most residents of federally subsidized apartments, including those supported by HUD, USDA or Treasury (Low Income Housing Tax Credit developments). The bill also institutes a moratorium on filings for evictions for renters in homes covered by federally-backed mortgages for 120 days of enactment.
To ensure that the court isn’t evicting a tenant in violation of this Act, an affidavit is available here for plaintiffs to fill out before receiving a judgment, swearing that their property is not subject to this moratorium.
Landlords can go to the TDCHA website here and click on "HTC Property Inventory (XLSX)" under Additional Guidance and Resources to search a database to determine if their property is subject to the LIHTC restrictions, and can go to this website to check their property against a multi-family housing database.
Remember also that these properties are subject to a 30-day notice to vacate, as described elsewhere in this section.
Procedures for Filing an Eviction for Non-Payment
Checks made payable to: Delta County Justice of the Peace
Filing fee $54.00 - Delta County Service of Citation $80.00 per/citation to be served.
If a service of citation needs to be served in another county or looking for other services visit the link below for all Sheriff and Constable Fees.
EVICTION PETITION PACKET (Updated 7/12/2021):
FORMS INCLUDED:
Civil Case Information Sheet
Eviction Petition
Service Member's Civil Relief Act Form
Verification of Compliance with Section 4024 of the CARES ACT AND CDC Federal Eviction Moratorium
(CDC MORATORIUM) Request to Move Forward with Previously Abated Case
CDC Declaration Form (updated 1-29-2021)
CDC Declaration Form (updated 1-29-2021) Spanish
Bond for Immediate Possession
Sworn Statement - Inability to Pay