As the situation with Coronavirus (COVID-19) continues to develop, we are ready and standing by to help you deal with the changing legal circumstances and eviction laws.
Have a Question? Call (813) 333-1660
Gov. Ron DeSantis allowed the statewide moratorium on evictions to expire at the beginning of October, 2020. The Gov. citing the CDC moratorium on evictions imposed by the federal government as a reason, as it created confusion.
Some property owner advocacy groups are challenging the CDC Moratorium as unconstitutional, and so we await the outcome of their case.
Courts continue to remain open and our office remains ready to assist you with navigating through the uncharted waters when it comes to the filing of evictions in Florida. If you have any questions, please call us at (813) 333-1660.
The CDC Moratorium on Evictions puts on hold qualifying evictions until December 31, 2020.
The CDC Moratorium prohibits only the eviction of 'covered persons'. To be a 'covered person' a tenant must:
The CDC Sworn Declaration functions as a tenant's eligibility criteria for the protection of the CDC Moratorium. Meaning that the tenant's declaration are sworn statements under penalty of perjury that the tenant is affected by the pandemic, has attempted to get government assistance, and faces homelessness or cohabitation with friends and family if evicted.
Tenant's acting in bad faith when completing and submitting the CDC Declaration may be subject to criminal penalties under the law.
The CDC Moratorium does not prohibit the filing of evictions for the following reasons:
'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 December 31, 2020, 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.
While the tenant applies for government assistance for rent, the benefit of the financial assistance is for the landlord.
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.
Almost all Florida counties have limited individual attendance to court or the clerk's counter as much as possible. With this said, however, court's are continuing to process filings and, whenever possible, will consider telephonic or video appearances. Allowing electronic access to courts allows litigants to continue prosecuting their case.
Additional, mediation can also be attended by telephone or video, provided all parties agree.
Copyright © 2018 Law Office of Christophe Fiori, PLLC Office Tampa:
1211 North Westshore Blvd, Suite 102, Tampa, Florida 33607 (813) 333-1660- All Rights Reserved.