Precincts 2 & 4
FEDERAL EVICTION MORATORIUM ORDER
On September 1, the CDC released an order creating a Federal moratorium on residential evictions for nonpayment of rent for “covered persons” from the effective date of the order (September 4) through January 31, 2021.
This order is not a continuation of the CARES Act. It does not matter for purposes of this order whether a property has a federally backed mortgage or participates in any sort of voucher or subsidy program.
Instead, this order provides that a “covered person” may not be evicted from residential property based on nonpayment of rent or other amounts due under a lease or agreement. Rent will continue to accrue during the period of moratorium, even for “covered” tenants.
Additionally, unlike during the CARES Act moratorium, late fees, penalties, and interest can be assessed by a landlord for a tenant’s failure to timely pay rent, even though a landlord may not take steps to evict a tenant for failure to pay these amounts until after the moratorium expires.
In order to be a “covered person” under this order, a tenant must provide to the landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live, a sworn Declaration that the tenant meets certain qualifications.
Each tenant listed on the lease or other agreement must provide a Declaration in order to be covered by this moratorium. If only one tenant provides a Declaration, that tenant would be a “covered person” but the other tenants could be evicted.
View the TENANT Eviction Moratorium Unsworn Declaration Form.
Plaintiff/Landlord can certify that they have not received a Declaration that the tenant is a covered person (or that the grounds are for something other than nonpayment) by amending the petition using the following form. View the PLAINTIFF Verification Compliance-Temporary Halt in Evictions Form.
For further detailed information please visit https://www.tjctc.org/coronavirus.
The Justice of the Peace is the legal jurisdiction closest to the average citizen. It is often referred to as "The People’s Court". There are four of these judges in Midland County, each elected to a four year term. Their precincts follow the same lines as the county commissioners.
The Justice Courts adjudicate class C misdemeanor cases that are punishable by fine only, including traffic tickets, penal code offenses, hot checks and Parks and Wildlife violations. They also deal extensively with juvenile matters including informing juveniles of their rights before being questioned by a law enforcement officer, truancy (compulsory school attendance cases), alcohol and tobacco violations, and shoplifting.
The Midland County Justices of the Peace are the designated Magistrates for Midland County. Each day a Justice of the Peace reviews arrest affidavits and criminal complaints to determine if sufficient probable cause exists, informs defendants of their rights, sets bond and issues bond conditions on offenses when and where appropriate including Emergency Protective Orders in family violence cases.
Justices of the Peace also enforce certain county and state ordinances; including environmental violations, illegal dumping, illegal towing, and burn bans violations.
The Justice of the Peace also has jurisdiction in all civil cases in which the amount of controversy is $20,000 or less. These may include:
- Driver’s license hearings.
- Enforcement of liens on personal property
- General small claim cases
- Landlord and tenant matters
- Matters concerning foreclosure of mortgages
- Suits on account (debt claim)
- Tort cases
Additionally, the Midland County Justices of the Peace serve as a coroner and conduct inquests because Midland County has no medical examiner.
The Midland County Justices of the Peace and the Clerks of the Midland County Justice Courts are not allowed to give legal advice. You are urged to review any applicable laws, Justice Court Civil Rules of Procedure and to consult an attorney of your choice for further information or answers to specific legal questions.