TX Supreme Court CARES Act Affidavit Requirement and Travis County Evictions Moratorium Extension

On July 22, the Texas Supreme Court updated a previous order extending an affidavit requirement through August 24 for all eviction proceedings. The order states the property must certify whether or not the premises is a “covered dwelling” subject to the eviction moratorium in the CARES Act. The Court will also require proof that the plaintiff has provided the defendant with a 30-day notice to vacate provide in the CARES Act.


Travis County extended its moratorium on landlords issuing notices to vacate and will not allow eviction proceedings until September 30.  Travis County’s Judge issued a new order on July 22nd which will ban issuing notices to vacate, except for imminent threats or conduct through September 30th.  In addition to the prohibition on sending notices to vacate, Travis County JPs issued a sixth modification that no eviction proceedings will be heard until after September 30th.  There remains an exception are for cases of imminent threads or criminal activity.