TEMPLE, Texas — The CDC released an order to temporarily halt residential evictions for nonpayment of rent on September 4 and goes through December 31.
According to a CDC FAQ document, "This means that a landlord, owner of a residential property, or other person with a legal right to pursue an eviction or a possessory action cannot evict for nonpayment of rent any covered person from any residential property in any U.S. state or U.S. territory where the Order applies."
Charles Pearson and Belva Martin were evicted from the Apple Creek Apartments in Temple Friday, December 18. So does the CDC order actually protect people or not?
It turns out, people who are evicted by their landlord must actively invoke the CDC's order by filling out this form. The tenant or resident must be certain that they meet the qualifications described on the form, complete and sign it, and then provide a copy to their landlord and either the local constable or the court were the eviction hearing would take place.
The form is included in the eviction paperwork a tenant receives from a constable. As 6 News found out Monday, the constable is not obligated to tell them about the form or the process.
Charles Pearson told 6 News he was not informed by anyone about the CDC order throughout the entire eviction process after he found himself unable to pay rent in November. A constable gave him a packet that included the form but said nothing about it.
"He said this was an eviction notice. I said, 'How come?' 'Because you haven't paid your rent,'" Pearson said. "He just handed to us and left."
Little did Pearson know, the second paper included in the notice was the form he would need to complete and turn in for the CDC order to go into effect. He said he didn't read past the first page.
Constable Devin Rosenthal, who served the eviction notice, said tenants are not generally told, verbally, about the process they need to follow to activate the order. Rosenthal sent the following detailed explanation to 6 News via email today.
"Most importantly, tenants/defendants need to read all information when received. If the tenant meets the requirements outlined on the declaration form; and decides to sign it, they need to provide a copy to the plaintiff/landlord and a copy to the court. Additionally, it may be presented at the time of eviction to the Constable executing the eviction," Rosenthal wrote.
Rosenthal told 6 News over the phone that the constable would stop the eviction process once they receive the document and the court would hold a special hearing.
Pearson wishes local officials were required to say something ahead of time.
"They didn't mention nothing about the paper," Pearson said. "Nothing!"
If the tenants don't provide the court a copy of the document before the eviction process is complete, it will no longer offer any protection.
The protection ends at the end of December. Other states have passed extensions to the eviction order at the state level but, to date, Texas has not.
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