COVID-19 Eviction Bans and Tenant Rights in Texas
Understand how COVID-era eviction bans, emergency orders, and rental assistance programs shaped tenant and landlord rights in Texas.
During the COVID-19 pandemic, Texas tenants and landlords navigated a rapidly changing legal landscape. Federal emergency laws, Texas Supreme Court orders, and temporary rental assistance programs all affected whether and when a tenant could be removed from their home. Although most pandemic-specific protections have expired, understanding what happened and what rules apply now can help renters and property owners better manage housing disputes.
Eviction Basics in Texas: What It Means to Be Evicted
Eviction is the formal legal process through which a landlord asks a court to order a tenant to leave a rental property. It is not simply a landlord changing the locks or cutting off utilities—actions like that are generally unlawful “self-help” and can expose a landlord to liability.
To evict a residential tenant in Texas, a landlord typically must:
- Provide proper written notice to vacate under Texas law and the lease terms.
- File an eviction (forcible detainer) lawsuit in the appropriate justice court.
- Attend a court hearing where a judge decides whether to grant a judgment for possession.
- Request a writ of possession if the tenant does not leave voluntarily after judgment.
An eviction can also follow foreclosure when a homeowner loses the property and refuses to move out, allowing the new owner, lender, or creditor to ask the court to remove the occupant.
Common Grounds for Eviction Outside the Pandemic Context
Even in normal times, Texas landlords may pursue eviction for a variety of reasons, most of them tied to lease violations or nonpayment. Typical grounds include:
- Nonpayment of rent after the dates and grace periods stated in the lease.
- Repeated late payments that violate lease terms or trigger default provisions.
- Significant property damage caused by the tenant or their guests.
- Serious disturbance or illegal activity, such as ongoing noise complaints or criminal conduct.
- Material breach of lease terms, e.g., keeping unauthorized pets or subletting without consent.
- Holding over after lease expiration, where a tenant does not vacate at the end of the lease and becomes a holdover occupant.
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What changed during COVID-19 was not the list of reasons a landlord might want to evict, but the ability to file and enforce those evictions during emergency moratoriums and court suspensions.
Federal CARES Act: Early Nationwide Protections
The first major federal protection for tenants came through the CARES Act, enacted in March 2020. Among many pandemic relief measures, it included significant temporary protections against eviction and foreclosure for certain properties with federal backing.
Key CARES Act housing features included:
- Foreclosure moratorium for federally backed mortgages for about 60 days from March 18, 2020.
- Eviction moratorium for nonpayment of rent at “covered properties” for 120 days, ending July 25, 2020.
- Prohibition on charging late fees due to nonpayment during the moratorium at covered properties.
Covered properties generally included housing supported by federal programs (such as public housing, project-based Section 8, Housing Choice Vouchers, Rural Development housing, and properties with federally backed mortgages).
Importantly, the CARES Act did not protect all renters in Texas. It applied only to tenants in specific federally connected properties, meaning many private-market tenants still faced eviction risk unless protected by state or local measures.
CDC National Eviction Moratorium: A Public Health Tool
On September 4, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued an order temporarily halting certain residential evictions nationwide to reduce the spread of COVID-19. The CDC acted under federal public health authority, concluding that widespread evictions could increase homelessness and crowding, worsening disease transmission.
Under the CDC order, eligible tenants who provided a specific declaration to their landlord could be protected from eviction for nonpayment of rent if they met criteria such as:
- Experiencing substantial loss of household income or extraordinary medical costs.
- Using best efforts to obtain government assistance for rent.
- Being unable to pay full rent due to COVID-related hardship.
- Risking homelessness or crowded living conditions if evicted.
The CDC moratorium was extended multiple times and, for a period, shielded millions of tenants from immediate displacement, including many in Texas. However, it faced significant legal challenges. In February 2021, a federal judge in Texas ruled that the national eviction ban exceeded federal authority and was unconstitutional, reflecting ongoing conflict between property rights and public health efforts.
How Texas Implemented and Modified Eviction Restrictions
Texas layered its own judicial orders and programs on top of federal rules. During the early months of the pandemic, the Texas Supreme Court issued emergency orders that temporarily limited or delayed eviction proceedings.[10]
Examples of Texas-level actions included:
- Temporary suspension of many eviction proceedings statewide in spring 2020, with exceptions for cases involving physical harm or criminal activity.[10]
- Pausing execution of writs of possession for a period, meaning even successful eviction judgments might not immediately result in forced move-outs.
- Texas Eviction Diversion Program, launched later to encourage settlements and give tenants time to obtain rent assistance, which ultimately expired July 1, 2023.
These measures did not eliminate the ability to file evictions altogether. Analysis of Texas policies shows that landlords often retained the ability to file for eviction, even when some enforcement or certain categories of cases were temporarily restrained.
Texas Rent Relief and Related Assistance Programs
To address mounting rent arrears, Texas established the Texas Rent Relief Program, offering funds to tenants and landlords to cover unpaid rent and sometimes utilities. While not an eviction ban, this program aimed to prevent eviction by resolving the underlying nonpayment problem.
Core features of Texas Rent Relief and related initiatives included:
- Direct payments to landlords for past-due rent and, in some cases, future rent.
- Application processes allowing tenants to seek assistance and request that eviction cases be paused while aid was pending.
- Coordination with the Texas Eviction Diversion Program so that judges could delay cases if parties were pursuing relief.
By July 2023, Texas Rent Relief had been fully spent and officially closed, ending one of the most significant pandemic-era supports for renters. Separate homeowner assistance programs, designed to prevent foreclosure and help with mortgages, also wound down over time.
Timeline Overview: Major COVID-19 Housing Measures
| Measure | Type | Approximate Effective Period | Key Impact in Texas |
|---|---|---|---|
| CARES Act eviction moratorium | Federal statute | March 27–July 25, 2020 | Suspended nonpayment evictions at federally backed or subsidized properties. |
| Texas Supreme Court emergency orders | State judicial orders | Spring 2020 (various dates) | Temporarily halted many eviction cases and writ executions statewide.[10] |
| CDC national eviction moratorium | Federal public health order | September 2020–July 31, 2021 (extensions and litigation) | Protected qualifying tenants in Texas from nonpayment evictions if declarations were submitted. |
| Texas Eviction Diversion Program | State program | 2020–July 1, 2023 | Allowed cases to be paused while rental assistance was sought; encouraged negotiated resolutions. |
| Texas Rent Relief Program | State-administered aid | Active through July 2023 | Provided funds to cover back rent and help prevent eviction; now closed. |
Post‑Pandemic Landscape: Most Emergency Protections Have Ended
As of mid‑2020s, nearly all federal and Texas COVID‑specific eviction protections and moratoriums have expired. The federal CARES Act filing moratorium ended in July 2020. The CDC order was eventually struck down by the U.S. Supreme Court, ending the nationwide nonpayment protections. Texas programs like the Eviction Diversion Program and Texas Rent Relief have also closed.
For tenants and landlords, this means the legal framework largely resembles the pre‑pandemic status quo:
- Evictions for nonpayment and lease violations are generally permitted, subject to standard state law requirements.
- No broad federal moratorium currently limits residential evictions for COVID-related hardship.
- Most pandemic-specific rent and mortgage assistance programs have stopped accepting applications.
Tenant Rights and Practical Steps in Texas
Even without special COVID‑19 protections, Texas tenants retain important baseline rights. Understanding these can be critical when facing possible eviction.
Key Rights Tenants Should Know
- Right to a court process: A landlord generally cannot remove a tenant without a court judgment and writ of possession; self‑help evictions are prohibited.
- Right to receive proper notice: Tenants must be given legally adequate notice to vacate, typically at least three days unless the lease allows a different period.
- Right to a hearing: Tenants can appear in justice court, present defenses, and challenge the landlord’s claims.
- Right to appeal: If the tenant loses, there is usually a right to appeal within a limited time.
- Protection against retaliation: Landlords cannot lawfully retaliate against tenants for using certain legal rights, such as reporting code violations.
Practical Steps If You Are Facing Eviction
If a Texas tenant receives a notice to vacate or citation for an eviction case, prompt action is critical:
- Carefully read the notice, including deadlines and alleged reasons for eviction.
- Contact the landlord to discuss possible payment plans or lease modifications.
- Seek legal advice from a qualified Texas landlord‑tenant attorney or legal aid organization.
- Attend all scheduled court hearings; failing to appear can result in a default judgment.
- Gather documentation, such as rent receipts, communications with the landlord, and evidence of any repairs or issues.
Landlord Considerations After COVID‑19 Moratoriums
Landlords in Texas also must navigate the post‑pandemic landscape carefully. While moratoriums have expired, practices adopted during COVID‑19—such as flexible payment arrangements and use of assistance programs—remain relevant.
Responsible landlords should consider:
- Ensuring all notices and filings comply with current Texas law, not outdated moratorium rules.
- Exploring payment plans or negotiated move‑out dates to avoid costly litigation.
- Documenting all lease violations, communications, and attempts to resolve problems.
- Staying informed about any new local ordinances or targeted relief programs that may impact evictions.
Frequently Asked Questions (FAQs)
Are any COVID‑19 eviction bans still in effect in Texas?
Most broad pandemic‑related eviction moratoriums have ended. The federal CARES Act filing moratorium expired in July 2020, the CDC order was struck down, and Texas programs such as the Eviction Diversion Program and Texas Rent Relief have closed. Some local initiatives or nonprofit assistance may still exist, but they do not operate as statewide bans.
Did the CDC moratorium stop all evictions?
No. The CDC order mainly targeted evictions for nonpayment of rent where tenants met specific income and hardship criteria and provided a signed declaration. Evictions for other reasons, such as criminal activity or serious lease violations, could still proceed in many circumstances, subject to state law and court rules.
Can my Texas landlord still evict me for nonpayment of rent today?
Yes, if you are behind on rent and no local or program‑specific protection applies, a landlord generally may pursue eviction following Texas procedures. Tenants should still explore any available rental assistance and negotiate with the landlord, but there is no longer a broad COVID‑specific moratorium preventing nonpayment evictions statewide.
What should I do if my landlord tries to evict me without going to court?
Self‑help measures like lockouts, utility shutoffs, or removing belongings without a court order are typically unlawful in Texas. Tenants facing such actions should document the incident, seek legal advice, and may have grounds to pursue remedies against the landlord.
Where can I find current information on Texas housing laws?
Official sources such as the Texas State Law Library and state courts provide updated guidance on housing and eviction rules. Tenants and landlords can also consult reputable legal aid organizations, bar association resources, and licensed Texas attorneys for case‑specific advice.
References
- Housing – COVID-19 & Texas Law — Texas State Law Library. 2025-04-15. https://guides.sll.texas.gov/covid-19/housing
- Eviction and Foreclosure Prevention After the CARES Act — Texas A&M University School of Law. 2020-10-01. https://info.law.tamu.edu/hubfs/Webinar-Eviction-Foreclosure-Prevention-After-CARES-Act-alexander-10.pdf
- Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 — Centers for Disease Control and Prevention / Federal Register. 2020-09-04. https://www.federalregister.gov/documents/2020/09/04/2020-19654/temporary-halt-in-residential-evictions-to-prevent-the-further-spread-of-covid-19
- Texas Judge Finds National Eviction Moratorium Unconstitutional — CNBC. 2021-02-26. https://www.cnbc.com/2021/02/26/texas-judge-finds-national-eviction-moratorium-unconstitutional-.html
- COVID-19 Housing Policy Scorecard for Texas — Eviction Lab (Princeton University). 2021-08-01. https://evictionlab.org/covid-policy-scorecard/tx/
- CDC Bans Residential Evictions During Pandemic — NBC 5 Dallas-Fort Worth. 2020-09-04. https://www.nbcdfw.com/news/coronavirus/cdc-bans-residential-evictions-during-pandemic/2438203/
- Eviction Prevention — Texas Housers. 2022-06-01. https://texashousers.org/eviction-prevention/
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