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Evictions for CARES-Protected Tenants Resume

As you may be aware, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted in March, established protections for tenants living in properties with federally backed mortgages or that receive certain federal funding. Among those protections was a moratorium on eviction lawsuits for non-payment of rent for 120 days, or through July 25. However, as the Act imposed a new requirement that landlords provide tenants with a 30-day notice to vacate prior to filing these lawsuits thereafter and provided that notices to vacate could not be served during the moratorium, eviction lawsuits for non-payment were effectively halted for another month. This month is now up, and eviction filings for non-payment in these properties can resume, as long as all CARES and other requirements are met.

It is important to note that CARES eviction protections only ever applied to certain properties. Landlords and tenants in most Texas rental properties are only required to follow, or are only subject to, standard procedures. Eviction trials resumed in Texas following a state moratorium on May 19.

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