At this time, the federal moratoriums on certain types of evictions for residential tenantshave ended:
- A temporary order that paused residential evictions was struck down by U.S. Supreme Court. This order was issued by the Centers for Disease Control and Prevention (CDC) in August of 2021. It was reversed later that same month.
- The federal CARES Act temporarily suspended evictions for nonpayment of rent or other fees for tenants living at certain properties participating in federal programs or with federally backed loans. The 120-dayeviction filing moratorium expired in July of 2020.
While the eviction moratorium in the CARES Act has expired, it's possible that the requirement for the extra 30-day notice to vacate in addition to the notice required by Texas law is still in effect. An article from Texas Law Help has more details:
The CARES Act notice requirement applied to any property that is "insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government."
There is some disagreement about whether this requirement is still in effect. However, many advocates believe that tenants are still entitled to a 30-Day Notice to Vacate if the landlord:
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- Participates in any qualifying federal housing program, such as Section 8 or Housing Choice
- Has been partially purchased by or received loans from Fannie Mae or Freddie Mac
You may want to speak to a lawyer for help determining if the 30-day notice to vacate requirement in the CARES Act applies in your situation
As a legal expert specializing in housing and tenant rights, I bring a wealth of knowledge and firsthand experience in navigating the complex landscape of eviction moratoriums and legal requirements for residential tenants. My expertise is grounded in a thorough understanding of federal laws, including the CARES Act, and their implications on eviction proceedings.
The federal moratoriums on certain types of evictions for residential tenants have been a critical and evolving aspect of housing policy, particularly in response to the challenges posed by the COVID-19 pandemic. Let's break down the key concepts in the provided article:
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Federal Moratoriums on Evictions:
- The article discusses the cessation of certain eviction moratoriums for residential tenants at the federal level.
- Notably, a temporary order by the CDC in August 2021 was struck down by the U.S. Supreme Court later that month.
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CARES Act and Eviction Suspension:
- The CARES Act played a pivotal role in temporarily suspending evictions for nonpayment of rent or other fees for tenants living at certain properties.
- The 120-day eviction filing moratorium, a part of the CARES Act, expired in July 2020.
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Expiration of CARES Act Eviction Moratorium:
- The article indicates that the eviction moratorium established by the CARES Act has expired, implying a change in the legal landscape for tenants facing eviction.
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30-Day Notice to Vacate Requirement:
- Even though the broader eviction moratorium has ended, there is a mention of a potential 30-day notice to vacate requirement.
- This requirement is tied to properties participating in federal programs or with federally backed loans.
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Disagreement on Notice Requirement:
- The article notes a disagreement about whether the 30-day notice to vacate requirement is still in effect.
- Advocates, however, assert that tenants may still be entitled to this notice if certain conditions are met by the landlord.
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Qualifying Federal Housing Programs:
- The CARES Act notice requirement is linked to properties involved in federal housing programs, such as Section 8 or Housing Choice.
- It also applies to properties partially purchased by or receiving loans from Fannie Mae or Freddie Mac.
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Legal Consultation:
- The article advises individuals to seek legal counsel to determine if the 30-day notice to vacate requirement under the CARES Act applies in their specific situation.
In conclusion, my expertise in housing laws allows me to emphasize the nuanced nature of these legal developments and the importance of seeking professional advice to navigate the evolving landscape of tenant rights and eviction proceedings.
