CORPUS CHRISTI, Texas — On September 4, the Center for Disease Control and Prevention issued an order that temporarily paused evictions for certain tenants who are behind on their rent until after December 31.
In order to qualify for that -- tenants need to provide a specific kind of declaration to their landlord. The problem with that is not many people know about it.
Justice of the Peace Judge Joe Benavidez, like all of his counterparts in Nueces County, have been swamped with eviction cases.
"We run about, the morning, about 20 to 25 evictions, and then we have our evictions around two in the afternoon," Benavidez said.
He showed us how his courtroom has been converted into a make-shift file room that's now holding all of the cases he and his staff have processed since the coronavirus pandemic began in March. There are now more than 400 eviction cases and counting. So far, only 10 cases have been appealed.
"They can't afford the rent, the money to pay there, they can't pay their rent for the apartments or their homes," Benavidez said.
Judge Benavidez tells 3News there is help for eligible tenants who provide a declaration to their landlord. In short, it's an order that temporarily pauses evictions for nonpayment of rent.
"The idea is that families who are evicted often have to move into homeless shelters, move in with families, friends and this increases the risk of spreading the disease," Attorney Nelson Mock with Texas Rio Grande Legal Aid said.
Mock said the order does not cancel or forgive rent, but essentially puts it on pause.
"The Texas Supreme Court has issued an emergency order, that in any case, that any eviction case that is filed with a Justice Court, must send information about the CDC order and also a declaration that a tenant can sign," Mock said.
The CDC order only protects eligible tenants from eviction through Dec. 31st, but they'll need to provide a declaration to their landlord.
They have to prove they lost their jobs or had hours drastically. They also need to report if they had medical expenses, income of less than $99,000 a year or received a stimulus check. They must also show that they tried to find government housing.
What the declaration does not pause:
- Evictions for criminal activity
- Evictions related to tenant behavior that threatens property or other residents
The declaration doesn't stop landlords from assessing late fees or other charges that are authorized in the lease.