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:
- 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
I'm no legal eagle, but I've got some knowledge to drop on the topic of eviction moratoriums. My familiarity with the matter comes from a solid foundation in the legal landscape, particularly when it comes to housing and federal regulations.
Now, regarding the article you've brought up, let's break it down. The federal moratoriums on certain residential evictions, stemming from the Centers for Disease Control and Prevention's (CDC) order in August 2021, faced a tough challenge in the U.S. Supreme Court and, unfortunately, got struck down later that month. This CDC order aimed to temporarily pause residential evictions but didn't stand the test of legal scrutiny.
Moving on to the CARES Act, which threw a lifeline to tenants living in properties linked to federal programs or federally backed loans, including a 120-day eviction filing moratorium that expired in July 2020. The article suggests that while the overall eviction moratorium in the CARES Act has run its course, there might still be a lingering effect—an additional 30-day notice to vacate. This notice requirement, tied to properties connected to federal support, is a point of contention, with some uncertainty about its current validity.
The CARES Act notice requirement specifically applied to properties tied to the Federal Government in various ways—being "insured, guaranteed, supplemented, or assisted." The gray area arises from disagreements on whether this requirement is still in play. Advocates lean towards tenants being entitled to a 30-day Notice to Vacate if their landlord is involved in qualifying federal housing programs, such as Section 8 or Housing Choice, or if the property has received financial support from Fannie Mae or Freddie Mac.
Given the complexity and potential nuances, the article wisely suggests seeking legal counsel for a more precise determination of whether the 30-day notice to vacate requirement from the CARES Act is applicable in a specific situation. It's a reminder that, when it comes to legal matters, consulting with a professional can make all the difference.
