Since March of 2020, Coronavirus (COVID-19) has affected almost everyone directly or indirectly. The legal community (including courts, clerks, and attorneys) have quickly adapted and reformed itself to best meet the changed world we now live in.
One of the most impactful things to happen to the legal community as a result of Coronavirus, is the relaxing of rules to allow videoconferencing on web platforms like Zoom. Because of platforms like Zoom, Courts have quickly and fully reopened and rest of the legal community has quickly caught up. Now widely adopted by courts and attorneys across Florida, teleconferencing has made it possible for courts and parties to continue hearing and litigating cases.
Almost all Florida counties have adopted rules relating to court attendance by videoconference or telephone, and limited individual attendance to court or the clerk's counter as much as possible.
The CDC Moratorium prohibits only the eviction of 'covered tenant'. To be a 'covered tenant' a tenant must:
The landlord should not file an eviction case after receiving a CDC Declaration. If you suspect bad faith on the part of the tenant in signing and submitting the CDC Declaration, call our office to discuss your specific case (813) 333-1660.
To be eligible for protection under the moratorium, the tenant must provide to the landlord a CDC Sworn Declaration, affirming that the tenant earns $99,000 or less ($198,000 for couples filing jointly), demonstrating that the tenant has sought rental assistance; declare that the tenant can't pay rent because of COVID-19 hardships, and affirm that the tenant is likely to become homeless if evicted. (Tenant's acting in bad faith when completing and submitting the CDC Declaration may be subject to criminal penalties under the law.)
Tenant's Obligation to Pay Rent During the Moratorium on Evictions.
'Covered Tenants' must still fulfill their obligation to pay rent and to follow all the other terms of their lease and laws. After the CDC Moratorium ends on June 30, 2021, the landlord may demand payment in full for all payments not made prior to and during the moratorium by providing the tenant with a 3 Day Notice to Pay or Vacate. The landlord may recover unpaid rent and other damages in court.
Both landlords and tenants may now apply for rental assistance.
To apply for rental assistance visit your county website to the right by clicking on the county link.
Don't see your county here? Google search 'COVID 19 Emergency Rental assistance'.
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1211 North Westshore Blvd, Suite 102, Tampa, Florida 33607 (813) 333-1660- All Rights Reserved.