Eviction in Texas:
Doing an Eviction in Texas can be broken down into four (4) steps:
o Giving the Tenant a Notice to Vacate
o Filing an Original Petition to start a lawsuit against the Tenant
o Going to Court for your Hearing
o Filing a Writ of Possession to order the Constable to remove the Tenant
Texas also provides a way to lock out a Tenant who is delinquent in paying rent. This process
is discussed at the end of this section.
Notice to Vacate
Delivering the Notice to Vacate
The Notice must be delivered in accordance with Texas law to be valid. There are a couple
different ways you can deliver it:
Personal Delivery
You may hand deliver the notice to the tenant or to any person residing at the premises who is 16
years of age or older. You may also personally deliver the Notice to the property by affixing it to the
inside of the main entry door (in case nobody is home). If the property has no mailbox, and there is
no way the Landlord may affix the Notice to the outside of the main entry door.
Mail
The law also allows you to mail the Notice to the tenant by regular mail, registered mail, or certified
mail with a return receipt. This highly recommended you send the notice by certified mail.
Time Periods
If you have a lease with a Tenant, check your lease to see how many days’ notice you must
give a Tenant in the Notice to Vacate. The standard is three (3) days, and if you do not have a
lease with the Tenant, then it is three (3) days. The clock starts ticking for them to vacate when
the Notice is actually delivered (not when it is mail). You MUST wait out your notice period
(usually the three (3) days) before you file your lawsuit.
Make Copies
Make two (2) copies of the Notice to Vacate before you deliver it. You will need one for the
Court if you have to file a lawsuit (next section), and you need one for your records. If you
personally deliver the Notice, it is a good idea to write in your copies what time of day you
delivered it, and to whom you delivered it to.
The Original Petition
After your Notice period is up and the Tenant is still occupying your property, you may to go to
Court. To file your lawsuits against the Tenant called a “Forcible Entry and Detainer” lawsuit.
You start the lawsuit by filing four (4) forms:
Original Petition
The Original Petition is what starts the lawsuit. It is also called, Complaint for Eviction, Forcible Entry
and Detainer, and other similar variations. Most Justice of the Peace Court have an Original Petition
that you can use available, but you are almost always welcome to use your own as long as it
complies with Texas Law
Service Member Civil Relief Act (SMCRA)
This is formerly called an “Affidavit of Military Status of Defendants.” The purpose of this form is to
protect the right of members of our military while they are off protecting us. This form is filed along
with the Original Petition.
Certificate of last known address
Justice Court Civil Case info sheet
Where to File
You must file your lawsuit in a Justice of the Peace Court in the Precinct that your property is
located in. Most counties in Texas are broken down geographically into precincts. It is your
job to find out what precinct your property is located in. To do this, you can contact the
Frio County Election Administrator at (830) 334- 3975 to verify your address. It is a good idea
to call your Precinct before you go there to file so you can find out what hours they are open
and what the filing fee are.
Filing Fees
Filing Fees are different for every Court, but they will generally be under $131.00, and that
includes filing the case, having the clerk prepare a Citation to be given to the Tenant, and
having the constable or sheriff serve (deliver) the Citation to the Tenant.
Notarize the Forms
This is easy. You must get the Original Petition and Service Members Civil Relief Act (SMCRA)
notarized before they are filed. The Court Clerk can do this when you file the case. They may
charge a small fee to do this.
Get your Court Date
After you file the Original Petition, Service Member Civil Relief Act (SMCRA) and Certificate of
last known address, the Court Clerk will send you a hearing and date for you’re your eviction
hearing (your court date). You will show up to Court in that date to prove your case to the judge.
Meanwhile, what is the court doing?
The Court Clerk is going to prepare a “Citation” that tells your Tenant they are being sued for
possession of the property and when the court date is. The county constable or sheriff will then
serve (deliver) the Citation and the Original Petition to your Tenant. Your Tenant must have at
least six (6) days between being served the Citation and the court date.
Going to Court
So now the tenant has gotten your Notice to Vacate, has been served a Citation and Original
Petition by the constable, and still has not vacated. It is now time to go to court.
Here is what to bring to court:
A copy of your Notice to Vacate
Your Lease with the Tenant
Any witnesses you need to prove something (a lease violation perhaps)
Any other evidence (warning letters, rent receipts. Ledgers, etc.)
When you show up for your court date, politely ask a clerk or bailiff where you should go for
eviction hearing. They will direct you to a waiting area or directly into the courtroom. Always
dress professionally and use your best manners when entering the courtroom. Do not, and
allow your cell phone to ring in the courtroom. (Some judge will confiscate it for one (1) week,
while others will fine you $500.00 on the spot.)
The judge will give instructions to the courtroom, and will sometime “swear in” the entire room
at once. When your case is called, you will go up in front of the judge. The judge will take control
of the conversation, ask you questions, and tell you what to do.
If your Tenant does not show up, the judge will award you a “Default Judgment.” This means,
you win automatically because the Tenant did not show up to defend themselves. If your Tenant
shows up and defends the case, then the judge will render a decision either in favor of you or
the Tenant after you have both presented your sides. If the judge rules in your favor, then you
will get a judgment that says you are entitled to possession.
Now that you have won the initial suit, your Tenant has five (5) days to leave or to file an appeal
in the County Court. For your Tenant to file an appeal, they will have to post 2X the judgment
amount or a surety bond, or submit a “statement of inability to pay” alleging they cannot afford
to post a bond. If your Tenant files this appeal, you will have to argue the case again at the
County Court level.
Writ of possession
So, you have won your lawsuit, the five (5) day appeal period has passed, and your Tenant is
still there. On the six (6) day from when you won your lawsuit, you may file a “Writ of
Possession.” This form is available from the court where your lawsuit was filed. The fee for this
Writ will be $95.00.
The Writ of Possession orders the constable to oversee the physical removal of your Tenant
and Tenant’s property. The constable will post 24-hour notice to vacate on the property, and
after that will show up and physically remove the Tenants if necessary. Talk to the constable
beforehand to see if you will need to bring people to move the Tenant’s belongings into the
curb.
Bond for Immediate Possession
If you prevail in Court, doing an eviction by filing a Bond of Immediate Possession could shorten
the eviction process down to ten (10) days. But if the Tenant requests a trial or appeals the
case, the time will be just as long as a regular eviction case. This procedure includes giving a
notice to the Tenant and posting a bond with the Court for surety or cash. If you lose your case,
you will lose all or part of your bond. If you wish to file an eviction this way, contract the Justice
of the Peace Court for your precinct and inquire as to procedure and forms.
Locking out a Tenant
Texas law provides a way to look out Tenant that is delinquent in paying rent. However, this is
really more of a scare tactic, because the landlord has to let the Tenant back into the property
immediately upon the Tenant’s request even if the Tenant does not tender the delinquent rent.
There are strict rules on locking out a tenant so make sure you do this with good counsel. Have
are the steps:
Three (3) days before are changed: Post a notice on the inside of the main entry door that
says (A) the earliest date that the landlord proposes to change the door locks; (B) the amount
of rent of tenant must pay to prevent changing of the doors locks; and (C) the name and street
address of the individual to whom, or the location of the on-site management office at which, the
delinquent rent may be paid during the landlord’s normal business hours.
Change the locks: and at the same time place a notice on the front door that says (1) an on-
site location where the tenant may go 24-hours a day to obtain the new key or a telephone
number that is answered 24-hours a day that the tenant may call to have a key delivered within
two hours after calling the number; (2) the fact that the landlord must provide the new key to the
tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and
(3) the amount of rent and other charges for which the tenant is delinquent.
The landlord may not change the locks on the door of a tenant’s dwelling on a day, or on a day
immediately before a day, on which the landlord or other designated individual is not available,
or on which any on-site management office is not open, for the tender the delinquent rent.
A landlord who intentionally prevents a tenant from entering the tenant’s dwelling must
provide the tenant with a key to the changed lock on the dwelling without regard to
whether the tenant pays the delinquent rent.
If a landlord arrives at the dwelling in a timely manner in response to a tenant’s telephone call
to the number contained in the posted notice and the tenant is not present to receive the key
to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating
the time the landlord arrived with the key and street address to which the tenant may go to
obtain the key during the landlord’s normal office hours.
If a landlord violates those provisions, the tenant may; (1) either recover possession of the
premises or terminate the lease; and (2) recover from the landlord a civil penalty of one month’s
rent plus $500.00 actual damages, court cost, and reasonable attorney’s fee in an action to
recover property damages, actual expenses, or civil penalties, less any delinquent rent or other
sums for which the tenant is liable to the landlord.
For more information on the Texas eviction process, see Chapter 24 and 92 of the Texas
Property Code by go online search Texas Property Code.
**THESE FORMS ARE PROVIDE TO YOU AS A COURTESY OF OUR OFFICE**
***THIS COURT WILL NOT ANSWER ANY LEGAL QUESTIONS***
**OFFICE PERSONNEL IS NOT ALLOW IN ASSISTING YOU TO FILL OUT PAPERWORK**
EVICTION CASE NO. _________________
☐ Suit for Unpaid Rent
☐ Suit for a Reason other than Unpaid Rent
Court Date: _________________________
_____________________________________________
PLAINTIFF (landlord/Property Name)
VS.
_____________________________________________
DEFENDANT(S)
In the Justice Court,
Precinct ____,
Frio County, Texas
Rental $ _______________________
Court Cost $ _______________________
TOTAL $ _______________________
COMPLAINT: Plaintiff (landlord) hereby complains of the defendant(s) named above for eviction of plaintiff’s premises (including
storerooms and parking area) located in the above precinct. Address of the property is:
______________________________________________________________________________________________________________
Street Address Unit No. (if any) City State Zip
GROUNDS FOR EVICTION: Plaintiff alleges the following grounds for eviction:
1. SERVICE OF CITATION: Service is requested on defendants by personal service at home or work by alternative service as allowed by the
Texas Justice Court Rules of Court. Other addresses where the defendant(s) may be served are:
___________________________________________________________________________________________________________
2. ☐UNPAID RENT AS GROUNDS FOR EVICTION: Defendant(s) failed to pay rent for the following time period(s): _____________
3. TOTAL DELINQUENT RENT AS OF DATE OF FILING IS: $ _____________________
(Plaintiff reserves the right to orally amend the amount at trial to include rent due from the date of filing through the date of trial.)
4. ☐OTHER GROUNDS FOR EVICTION/LEASE VIOLATIONS: Lease Violations (If other than non-paid rent – list lease violations.)
___________________________________________________________________________________________________________
5. ☐HOLDOVER AS GROUNDS FOR EVICTION: Defendant(s) are unlawfully holding over since they failed to vacate at the end of the rental
term or renewal of extension period, which was the _______ day of _______________ and delivered by this method:
6. NOTICE TO VACATE: Plaintiff has given defendant(s) a written notice to vacate (according to Chapter 24.005 of the Texas Property Code)
and demand for possession.
___________________________________________________________________________________________________________
7. ATTORNEY’S FEE: Plaintiff ☐Will be ☐WILL NOT be seeking applicable attorney’s fee. Attorney’s name, address, and phone & fax number
are:
Name: _______________________________________
Address: ____________________________________
Phone: ______________________________________
Fax: _________________________________________
a. ☐ IMMEDIATE POSSESSION BOND: If Plaintiff has filed a bond immediate possession, plaintiff requests (1) that the amount of
plaintiff’s bond and defendant’s counter bond b set, (2) that plaintiff’s bond be approved by the court, and (3) that proper notices as
required by the Texas Justice Court Rules are given to Defendant(s).
8. ☐ I DID Receive a Declaration Form from Tenant and/or Each Tenant under the CDC Federal Moratorium Order – Updated 9/3/20
☐ I DID NOT Receive a Declaration Form from Tenant and/or Each Tenant under the CDC Federal Moratorium Order – Updated 9/3/20
By certifying that you have not received a Declaration that the tenant is a covered person (or that the grounds are for something other than
nonpayment) and could also note that a landlord proceeding with a nonpayment eviction of a “covered person” despite receiving a Declaration
can face severe penalties under federal law:
Individual: up to $100,000 fine, or 1 year in jail, or both if the violation does not result in a death; or up to $250,000 fine, or 1 year in jail, or both,
if the violation does result in a death.
Organization: up to $200,000 fine per event if the violation does not result in a death; or up to $500,000 fine per event if the violation does result
in a death.
REQUEST FOR JUDGMENT: Plaintiff prays that defendant(s) be served with citation and that plaintiff have judgment against defendant(s) for: possession of premises,
including removal of defendants and defendants’ possessions from the premises, unpaid rent IF set forth above, attorney’s fee, court costs, and interest on the above
sums at the stated in the rental contract, or if not so stated, at the statutory rate for judgments under Civil Statutes Article 5069-1.05.
☐ I give my consent for the answer and any other motions or pleadings to be sent to my email address, which is, __________________________________________.
____________________________________________________________________________
Petitioner’s Printed Name
_____________________________________________________________
Name
______________________________________________________________
Signature of Plaintiff (landlord. Property owner) or
Agent
______________________________________________________________
Address of Plaintiff (landlord/Property owner) or
Age
Sworn to and subscribed before me this ___________ day
of_______________________________, 20 _________.
__________________________________________________________
CLERK OR THE JUSTICE COURT OR NOTARY
NOTICE TO QUIT AND TO VACATE
STATE OF TEXAS
COUNTY OF FRIO
DATE: ___________________________
TO: ________________________________, and ALL other Occupants:
In accordance with the Texas Property Code Art. 24.005, you are hereby notified and required and deliver up
peaceful possession of the premises you now hold owned by me, said premises are situated and described as
follows:_____________________________________________________
________________________________________________________________________________
Reason: Termination
_____ Failure to pay Rent. Amount Due $____________
_____ Property has been Sold
_____ Breaking lease agreement
_____ Other: ______________________________________________________________________
Should you and all authorized by you, fail to comply with my request to vacate the said premises ___
________________________________________________________________________________
Within _________ days then I shall proceed against you as the law directs. Forcible Detainer to follow.
Very Respectfully,
______________________________________
Landlord or Agent Signature
This notice was executed at the above address on ________ day of ___________________, 20___ at
_________ am/pm.
_____ Delivery in person to tenant
_____ Leaving a true copy with a person over the age of 16 at the address listed above.
_____ Posting a true and correct copy on the premises listed above.
Signed this _____ day of ________________________, 20_____.
____________________________________________
Signature of Person Servicing Notice
Justice Court Civil Case Information Sheet
Cause Number (for clerk use only): _________________________________
Styled ________________________________________________________________________________________________
(e.g., John Smith v. All American Insurance Co: In re Mary Ann Jones; In the Matter of the Estate of George Jackson)
A civil case information sheet must be completed and submitted when an original petition is filed to initiate a new suit. The information should be the best
available at the time of filing. This sheet, required by Rule of Civil Procedure 502, is intended to collect information that will be used for statistical purposes
only. It neither replaces nor supplements the filings or pleading or documents as required by law or rule. The sheet does not constitute a discovery request,
response, or supplementation, and it is not admissible at that.
☐
Eviction: An eviction case is a lawsuit brought to recover possession of real property, often by a landlord against tenant. A claim
for rent may be joined with an eviction case if the amount of rent due and unpaid is not more than $20,000.00, excluding
statutory interest and court costs but including attorney fees, if any.
Plaintiff(s):
___________________________________
___________________________________
Defendant(s):
___________________________________
___________________________________
___________________________________
[Attach additional page as necessary to list all parties]
2.
Names of parties’ in case:
Name
:
Telephone:
____________________________________ ____________________________
Address: Fax:
____________________________________ ____________________________
City/State/Zip: State Bar No:
____________________________________ ____________________________
Email:
_____________________________________________________________________
Signature:
_____________________________________________________________________
3.
Indicate case type, or identify the most important issue in the case (
select only 1
):
☐
Debt Claim: A debt claim case is a lawsuit brought to
recover a debt by an assignee of a claim, a debt collector
or collection agency, a financial institution, or a person
or entity primarily engaged in the business of lending
money at interest. The claim can be for no more than
$20,000.00, excluding statutory interest and court costs
but including attorney fees, if any.
☐
Repair and Remedy: A repair and remedy case is a
“lawsuit filed by a residential tenant under Chapter 92.
Subchapter B of the Texas Property Code to enforce the
landlord’s duty to repair or remedy a condition
materially affecting the physical health or safety of an
ordinary tenant. The relief sought can be for no more
than $20,000.00, excluding statutory interest and court
costs but including attorney fees, if any.
☐
Small Claims: A small claims case is a lawsuit
brought for the recovery of money damage, civil
penalties, personal property, or other relief allowed
by law. The claim can be for no more than $20,000.00,
excluding statutory interest and court costs but
including attorney fees, if any.
☐ Eviction: An eviction case is a lawsuit brought to
recover possession of real property, often by a
landlord against tenant. A claim for rent may be joined
with an eviction case if the amount of rent due and
unpaid is not more than $20,000.00, excluding
statutory interest and court costs but including
attorney fees, if any.
Certificate of Last Known Address
The undersigned certifies that the last known mailing address of the Defendant against whom
judgment is taken in this proceeding:
Defendant’s Name: _________________________________________________________________
Defendant’s Address: _______________________________________________________________
________________________________________________
Plaintiff
________________________________________________
Attorney of Record for Plaintiff
________________________________________________
Address
________________________________________________
City State Zip
________________________________________________
Telephone Number
This document is required to be filed when a judgment is taken by default so that the court may notify the defendant of the entry of the
default judgment.
The Service Member Civil Relief Act, 50 U.S.C. App 507 Et Seq, Passed December 19, 2003,
requires the plaintiff in any civil proceeding in which the defendant does not make an appearance to
file with the court an affidavit (A) stating whether or not the defendant is in the military service and
showing necessary fact to support the affidavit; or (B) if the plaintiff is unable to determine whether or
not the defendant is in the military service, stating that the plaintiff is unable to determine whether or
not the defendant is in the military service.
PENALTY FOR MAKING OR USING A FALSE AFFIDAVIT: A person who makes or uses a military
status affidavit, or statement, declaration, verification, or certificate, knowing it to be false, shall be
fined as provided in title 18, United States Code, or imprisoned for not more than one year or both.
Costs for an attorney ad litem may be assessed against the plaintiff as cost of the court unless
otherwise ordered by the court.
CAUSE NO.________________
__________________________ § IN THE JUSTICE COURT
Plaintiff
VS § PRECINCT THREE
____________________________ § FRIO COUNTY, TEXAS
Defendant
AFFIDAVIT OF MILITARY STATUS OF DEFENDANT
Before me, the undersigned clerk of the justice court or notary public, on this day personally appeared the
undersigned affiant whose identity is known to me. After I administered an oath to such affiant, he or she upon oath and
under penalty of perjury stated the following:
My name is [please print] ____________________________________; I am [check one] ______the plaintiff or _______and authorized
agent or ________ attorney for the plaintiff in the above styled and numbered cause. I am over the age of 18 and am capable of
making this affidavit. The facts stated in the affidavit are within my personal knowledge and are true and correct.
check below as applicable:
[ ] The defendant is not in the military
[ ] The defendant is not on active duty in the military and/or
[ ] The defendant is not in a foreign country on military service
[ ] The defendant is on active military duty and/or is subject to the
Service members Civil Relief Act of 2003.
[ ] The defendant has waived his/her rights under the Service members Civil
Relief Act of 2003.
[ ] The defendant’s military status is unknown at this time.
_______________________________________
Signature of Plaintiff / Agent / Attorney
Subscribed and sworn to before me by _________________________ on this the ________ day of __________________, 20____.
_________________________________________
Court Clerk Notary Public
PENALTY FOR MAKING OR USING FALSE AFFIDAVIT: A person who makes or uses an affidavit knowing it to be false,
shall be fined as provided in Title 18 United States Code, or imprisoned for not more than one year, or both.
Instructions: The Servicemembers Civil Relief Act applies to a civil proceeding in the Justice courts. Before entering a default judgment
against an individual defendant, the plaintiff must file with the court an affidavit stating whether or not the defendant is in the military
service, showing necessary facts to support the affidavit, or stating that the plaintiff is unable to determine whether or not the defendant is
in military service, if that is the case. The requirement for an affidavit may be satisfied by a written, signed document declared to be true
under penalty of perjury. If it appears that the defendant is in military service, the court may not enter a judgment until after the court
appoints an attorney to represent the defendant. If the court is unable to determine if the defendant is in military service, the court may
require the plaintiff to file a bond in an amount approved by the court. A person who makes or uses an affidavit under this Act knowing to be
false, may be fined or imprisoned or both. 50 USC App. 501 et seq. To obtain certificates of service or non-service under the Servicemembers’
Civil Relief Act, you may access the public website: https://scra.dmdc.osd.mil/. This website will provide the current active military status of
an individual.
https://scra.dmdc.osd.mil
create an account
single record request
CAUSE NO.________________
__________________________ § IN THE JUSTICE COURT
Plaintiff
VS § PRECINCT THREE
____________________________ § FRIO COUNTY, TEXAS
Defendant
REQUEST FOR WRIT OF POSSESSION
Date of Judgment: ____________________________________
Premises located at:________________________________________________________________________________
Date of request: ______________________________________
$95 Fee Paid: _________________________________________
_______________________________________________________
Landlord, Landlord’s Authorized Agent or
Landlord’s Attorney (if attorney) bar code no.:
_______________________________________________________
_______________________________________________________
Address
_______________________________________________________
Phone:
_______________________________________________
Fax: __________________________________________________
CAUSE NO. _________________________
__________________________________ § IN THE JUSTICE COURT
PLAINTIFF §
§
v. § PRECINCT NO. ___________________________
§
___________________________________ §
DEFENDANT §
_________________________ COUNTY, TEXAS
VERIFICATON OF COMPLIANCE
WITH SECTIONS 4023 AND 4024 OF THE CARES ACT
My name is:___________________________________________________________________________________________________.
First Middle Last
I am (check one) the Plaintiff or an authorized agent of the Plaintiff in the eviction case
described at the top of this page. I am capable of making this affidavit. The facts stated in the
affidavit are within my personal knowledge and are true and correct.
1. Verification:
a. Plaintiff is seeking to recover possession of the following property:
_______________________________________________________________________________________________________ Name of
Apartment Complex (if any)
_______________________________________________________________________________________________________
Street Address & Unit No. (if any) City County State ZIP
b. I verify that this property (select the one that applies): □ is □ is not
a “covered dwelling” as defined by Section 4024(a)(1) of the CARES Act. The facts on which I base
my conclusion are as follows:
(Please identify whether the property has a federally backed mortgage loan or federally backed
multifamily mortgage loan, and if not, which database or information you have used to determine that
fact.)
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
(If the property does not have a federally backed mortgage loan or federally backed multifamily
mortgage loan, please state whether or not: (1) the property is a Low Income Housing Tax Credit
(LIHTC) property, (2) the property is federally subsidized under any HUD program, or (3) the property
leases to persons with Section 8 vouchers.)
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
c. I verify that plaintiff (select the one that applies): □ is □ is not
a “multifamily borrower” currently under forbearance under Section 4023 of the CARES Act.
d. I verify that plaintiff (select the one that applies):
□ has provided the defendant with 30 days’ notice to vacate as required under Section
4024(c) and 4023(e) of the CARES Act.
□ has not provided the 30 days’ notice, because the property is not a “covered dwelling.”
2. Declaration or Notary: Complete only one of the two following sections:
a. Declaration: I declare under penalty of perjury that everything in this verification is true
and correct. My name is :__________________________________________________________________________
First Middle Last
My birthdate is: _______/______/_________
Month Day Year
My address is:
_________________________________________________________________________________________________________
Street Address & Unit No. (if any) City County State ZIP
Signed on __________/______/__________ in ___________________________________ County, Texas.
Month Day Year
____________________________________________________
Your Signature
OR
b. Notary: I declare under penalty of perjury that everything in this verification is true and correct
______________________________________________ ____________________________________________________
Your Printed Name Your Signature (sign only before a notary)
Sworn to and subscribed before me this ____________ day of _____________________, 20_______.
_____________________________________________________
CLERK OF THE COURT OR NOTARY
CARES Act
Public Law 116-136
SEC. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE LOAN PAYMENTS FOR MULTIFAMILY PROPERTIES WITH FEDERALLY
BACKED LOANS.
(a) IN GE N ER AL .—During the covered period, a multifamily borrower with a Federally backed multifamily mortgage loan
experiencing a financial hardship due, directly or indirectly, to the COVID–19 emergency may request a forbearance under the terms set
forth in this section.
(b) R E QU E S T FO R RE LI E F .—A multifamily borrower with a Federally backed multifamily mortgage loan that was current on its
payments as of February 1, 2020, may submit an oral or written request for forbearance under subsection (a) to the borrower’s servicer
affirming that the multifamily borrower is experiencing a financial hardship during the COVID–19 emergency.
(c) FO RB E A RA N C E PE R I OD .—
(1) IN GENERAL.—Upon receipt of an oral or written request for forbearance from a multifamily borrower, a servicer shall—
(A) document the financial hardship;
(B) provide the forbearance for up to 30 days; and
(C) extend the forbearance for up to 2 additional 30 day periods upon the request of the borrower provided that, the borrower’s
request for an extension is made during the covered period, and, at least 15 days prior to the end of the forbearance period described under
subparagraph (B).
(2) RIGHT TO DISCONTINUE.—A multifamily borrower shall have the option to discontinue the forbearance at any time.
(d) RE NT E R PR O T EC T IO N S DU RI N G FO R BE A RA N C E P E R I O D.—A multifamily borrower that receives a forbearance under this section
may not, for the duration of the forbearance—
(1) evict or initiate the eviction of a tenant from a dwelling unit located in or on the applicable property solely for nonpayment of rent
or other fees or charges; or
(2) charge any late fees, penalties, or other charges to a tenant described in paragraph (1) for late payment of rent.
(e) NOT I C E .—A multifamily borrower that receives a forbearance under this section—
(1) may not require a tenant to vacate a dwelling unit located in or on the applicable property before the date that is 30 days after the
date on which the borrower provides the tenant with a notice to vacate; and
(2) may not issue a notice to vacate under paragraph (1) until after the expiration of the forbearance.
(f) DE F I N I T I O NS .—In this section:
(1) APPLICABLE PROPERTY.—The term “applicable property”, with respect to a Federally backed multifamily mortgage loan, means
the residential multifamily property against which the mortgage loan is secured by a lien.
(2) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—The term “Federally backed multifamily mortgage loan” includes any
loan (other than temporary financing such as a construction loan) that—
(A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or
more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same
property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal
Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban
Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the
Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(3) MULTIFAMILY BORROWER.—the term “multifamily borrower” means a borrower of a residential mortgage loan that is secured by
a lien against a property comprising 5 or more dwelling units.
(4) COVID–19 EMERGENCY.—The term “COVID–19 emergency” means the national emergency concerning the novel coronavirus
disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.).
(5) COVERED PERIOD.—The term “covered period” means the period beginning on the date of enactment of this Act and ending on the
sooner of—
(A) the termination date of the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the
President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.); or
(B) December 31, 2020.
Sec. 4024 TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) DEFINITIONS.—In this section:
(1) COVERED DWELLING.— The term “covered dwelling” means a dwelling that—
(A) is occupied by a tenant—
(i) pursuant to a residential lease; or
(ii) without a lease or with a lease terminable under State law; and
(B) is on or in a covered property.
(2) COVERED PROPERTY.—The term “covered property” means any property that—
(A) participates in—
(i) a covered housing program (as defined in section 41411(a) of the Violence Against
Women Act of 1994 (34 U.S.C. 12491(a))); or
(ii) the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r); or
(B) has a—
(i) Federally backed mortgage loan; or (ii) Federally backed multifamily mortgage loan.
(3) DWELLING.—The term “dwelling”—
(A) has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602); and (B) includes houses and dwellings
described in section 803(b) of such Act (42 U.S.C. 3603(b)).
(4) FEDERALLY BACKED MORTGAGE LOAN.—The term “Federally backed mortgage loan” includes any loan (other than temporary
financing such as a construction loan) that —
(A) is secured by a first or subordinate lien on residential real property (including individual units of condominiums and
cooperatives) designed principally for the occupancy of from 1 to 4 families, including any such secured loan, the proceeds of
which are used to prepay or pay off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way by any officer or agency of the Federal
Government or under or in connection with a housing or urban development program administered by the Secretary of
Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is
purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—The term “Federally backed multifamily mortgage loan” includes any
loan (other than temporary financing such as a construction loan) that—
(A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or
more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by
the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the
Federal Government or under or in connection with a housing or urban development program administered by the Secretary of
Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is
purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(b) MORATORIUM.—During the 120-day period beginning on the date of enactment of this Act, the lessor of a covered dwelling may not-
(1) make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered
dwelling from the tenant for nonpayment of rent or other fees or charges; or
(2) charge fees, penalties, or other charges to the tenant related to such nonpayment of rent.
(c) NOTICE.—The lessor of a covered dwelling unit-
(1) may not require the tenant to vacate the covered dwelling unit before the date that is 30 days after the date on which the lessor
provides the tenant with a notice to vacate; and
(2) may not issue a notice to vacate under paragraph (1) until after the expiration of the period described in subsection (b).