The Texas Verification of Compliance of the Cares Act and CDC Issued Federal Eviction Moratorium Order is a form that landlords must complete in order to comply with the federal eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) in response to the COVID-19 pandemic. The Cares Act, which was enacted in March 2020, extended the moratorium until December 31, 2020. Landlords are required to complete the Texas Verification of Compliance of the Cares Act and CDC Issued Federal Eviction Moratorium Order to provide proof that they are in compliance with the federal eviction moratorium. The form consists of three parts: the Notice to Tenant, the Certification of Compliance, and the Tenant Response. The Notice to Tenant informs the tenant of the moratorium, the requirements for the landlord to comply with the moratorium, and the consequences of non-compliance. The Certification of Compliance states that the landlord has verified the tenant's eligibility and has provided the tenant with the notice required by the moratorium. The Tenant Response allows the tenant to acknowledge receipt of the Notice to Tenant and confirm that they are in compliance with the moratorium. The Texas Verification of Compliance of the Cares Act and CDC Issued Federal Eviction Moratorium Order must be completed and signed by both the landlord and tenant, and then filed with the county clerk's office. Failure to comply with the order may result in fines, penalties, and other legal action.
Texas Verification of Compliance of the Cares Act and CDC Issued Federal Eviction Moratorium Order
Description
Definition and meaning
The Texas Verification of Compliance of the Cares Act and CDC Issued Federal Eviction Moratorium Order is a legal document that affirms a landlord's compliance with federal eviction moratoriums. It is essential for landlords seeking to initiate eviction proceedings to verify that they are adhering to the stipulations set forth in the Cares Act and the Centers for Disease Control and Prevention (CDC) guidelines.
The form includes a declaration of the property’s status, whether it qualifies as a 'covered dwelling,' and confirmation that required notices have been provided to the tenant. It is critical for protecting renters during financial hardships stemming from the COVID-19 pandemic.
Who should use this form
This form is primarily for landlords or property owners in Texas who are involved in eviction proceedings. It is used to demonstrate adherence to federal eviction protection laws, ensuring that the landlord is in compliance with the Cares Act and CDC guidelines. Additionally, authorized agents acting on behalf of the landlord may also complete this form.
Key components of the form
The Texas Verification of Compliance form consists of several critical sections, each designed to gather specific information regarding the eviction process:
- Verification of Property Status: Landlords must indicate if the property qualifies as a 'covered dwelling.'
- Compliance Declaration: A certification that the landlord has reviewed relevant information about the Texas Eviction Diversion Program.
- Notice Requirements: Confirmation regarding the provision of required notices to the tenant.
- Signatures and Notarization: The form may require notarization or other verification signatures to ensure its authenticity.
Common mistakes to avoid when using this form
When completing the Texas Verification of Compliance form, landlords should be mindful of the following common errors:
- Failing to accurately determine if the property is a 'covered dwelling.'
- Not providing necessary supporting documentation or references regarding compliance with the Cares Act.
- Neglecting to have the form properly notarized.
- Submitting the form without proper review for accuracy and completeness.
What documents you may need alongside this one
To complete the Texas Verification of Compliance form effectively, landlords may need the following documents:
- Copies of previous eviction notices provided to the tenant.
- Documentation proving that the property is not federally backed if required.
- Information regarding participation in the Texas Eviction Diversion Program.
- Any previous communication related to tenant payments or agreements.
What to expect during notarization or witnessing
Notarization is an important step in validating the Texas Verification of Compliance form. During this process, the notary will:
- Verify the identity of the person signing the form.
- Ensure that the signer understands the contents of the document.
- Affix their signature and seal to the document, confirming its authenticity.
It’s advisable to bring an identification document to the notarization appointment to facilitate this process.
How to fill out Texas Verification Of Compliance Of The Cares Act And CDC Issued Federal Eviction Moratorium Order?
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FAQ
This eviction moratorium expired on July 24, 2020. After that, the CDC issued orders temporarily suspending evictions, but on August 26, 2021, the U.S. Supreme Court said the CDC's order could not remain in effect.
Timeframes in the Eviction Process Until a writ of possession is issued, the tenant can remain in their home. Step 1: Written Notice to Vacate. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out.
Rochelle Walensky has signed an extension to the eviction moratorium further preventing the eviction of tenants who are unable to make rental payments. The moratorium that was scheduled to expire on June 30, 2021 is now extended through July 31, 2021 and this is intended to be the final extension of the moratorium.
How long does it take to evict someone in Texas? From start to finish approximately four weeks ? 3 days from notice to vacate to filing of suit ? 8-10 days to serve the citation -The court date is set between 10-21 days. 5 days to appeal the suit following the hearing required by law.
A pilot version of the eviction diversion program initially became available in some counties in October 2020, and the eviction diversion program became available in all counties and cities in Texas on February 15, 2021. The program has been renewed through Supreme Court of Texas emergency orders since then.
Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing.