CV-House-102 Civil Answer (Eviction) (Rev. 11-2020) Do not file this page.
Instructions for Eviction Answer
▢ Step 1: Caption – Fill out the Cause No., Plaintiff, Defendant, Precinct No., and County
blanks at the top exactly as they appear in the citation that the court sent you.
▢ Step 2: Defenses – Check the applicable boxes, if any:
a. CDC Halt on Evictions – The CDC issued an order to halt evictions for nonpayment of
rent through the end of 2020. You must give your landlord a signed document that
says you meet the CDC’s requirements in order get the protections. See
TexasLawHelp’s CDC Eviction Moratorium article for forms and information.
Check this box if you truthfully signed the CDC Declaration and gave it to your
landlord. You may give your landlord the declaration at any time, even after your
landlord has filed for eviction.
b. CARES Act – The CARES Act says that landlords of certain properties cannot give
tenants a Notice to Vacate for unpaid rent until July 25, 2020. After July 25, landlords
of covered properties must give a 30-Day Notice to Vacate before filing for eviction.
Check this box if you live on a covered property and any of the following apply:
• The landlord gave you a Notice to Vacate or filed an eviction for nonpayment
between March 27 and July 25,
• The landlord did not give you a 30-Day Notice to Vacate, or
• The landlord gave you a 30-Day Notice to Vacate (at any time) but filed for
eviction before the 30 days ended.
Covered Properties: Go to the National Low Income
Housing Coalition for a list of
properties that fall under Section 4024 the CARES Act. There is also a map from
BASTA, Texas RioGrande Legal Aid, and Texas Housers here. Note that the list and
map are not
complete. If you check the list and the map and are still unsure whether
you live on a covered property, go to the TexasLawHelp COVID Evictions page.
c. Twenty-fifth Emergency Order Petition Requirements – The Supreme Court of Texas
made an emergency
order that requires landlords to include certain things in their
Petition for Eviction. Check this box if the Petition was filed after March 27, 2020 and
any of the following four things apply:
i. Covered Dwelling – Check this box if the Petition does not say whether your
home is a “covered dwelling” subject to Section 4024 of the CARES Act.
ii. Multifamily Borrower – Check this box if the Petition does not say
whether the landlord is a “multifamily borrower” under forbearance
subject to Section 4023 of the CARES Act.