Coronavirus (COVID-19) Update

Additional Information

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.

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Going to Court During COVID-19
CDC Moratorium on Evictions Due to Coronavirus COVID-19
Attending Mediation During COVID-19
Remote Notarization

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CDC Moratorium on Evictions Due to Coronavirus COVID-19

Moratorium on Evictions Due to COVID-19 as Extended Until June 30, 2021

The CDC Moratorium prohibits only the eviction of 'covered tenant'. To be a 'covered tenant' a tenant must:

be a tenant of a residential property, and
provide a CDC Declaration, sworn under penalty of perjury, to 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.

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Tenant Eligibility Requirements

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 Obligations Under the CDC Declaration

A 'covered tenant' must have used best efforts to obtain all available government assistance for rent or housing. Generally, this financial assistance is sent directly to the landlord.
A 'covered tenant' must use best efforts to make timely partial payments that are as close to the full rent payment as that tenant's individual circumstances may permit.

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.

The Moratorium on Evictions Does Not Prohibit Filing of Evictions for the Following Reasons:

engaging in criminal activity while on the premises
threatening the health or safety of other residents
damaging or posing an immediate and significant risk of damage to property
violating any applicable building code, health ordinance, or similar regulation relating to health and safety
violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment of rent or similar housing related payment.

Important Features of the Extended Moratorium on Evictions

Both Landlord and Tenant may apply for rental assistance.
Rental assistance payments are paid directly to the landlord
Certain groups of applicants have priority, such as applicants currently on unemployment.
Generally, funds are released within 10 days of application date.
Maximum rental payout is 12 months' rent (including arrearages commencing 3/13/2020 or later).
No current lease agreement is required. (Applicant may have no lease or an expired lease).

Suggestions for Florida Landlords and Property Managers

WHAT CAN YOU DO?

Keep the dialogue open and ongoing with your tenant. Learn about their financial circumstances. The tenant may have vacated, so be sure
When possible, you may enter into a payment plan arrangement with the tenant. Remember, the eviction moratorium makes it impossible to enforce payment arrangements or the payment clause of lease agreements.
Landlords may terminate lease agreements by providing the appropriate notice of nonrenewal. Remember, the current eviction moratorium may cause delays in enforcing any eviction action in court.

WHAT CAN YOU NOT DO?

Landlords may not charge late fees associated with late or nonpayment of rent.
Repair or Maintenance to the Property. During this Coronavirus outbreak, we recommend that you not perform non-essential repairs or maintenance to the tenant’s unit. This recommendation is for the safety of you, your staff or agents, and the tenants. Essential repairs should be considered on a case by case basis. If necessary, to perform essential repairs, contact local law enforcement to assist you in gaining access to the property.

Eviction for Non-Payment of Rent

Communicate with your tenant. Stay in touch with your tenant. The tenant may have vacated the property, and you do not know that yet. In many cases, the tenant vacates the property after posting of a 3 Day Notice or after the filing of an eviction case.
Cash for Keys 'Reaching an Agreement with the Tenant'. Consider alternate arrangements you can make with the tenant prior to filing an eviction case. Even after an eviction case is filed, it is still possible to enter into an agreement with the tenant resolving the eviction case. An agreement with the tenant could include an agreement on possession of the property and payment of past due rent.

Coronavirus (COVID-19) Update

Additional Information

Learn More

Going to Court During COVID-19

Civil Court Is Almost Entirely Held via Video Teleconference

CDC Moratorium on Evictions Due to Coronavirus COVID-19

Moratorium on Evictions Due to COVID-19 as Extended Until June 30, 2021

Learn More

Tenant Eligibility Requirements

Tenant's Obligations Under the CDC Declaration

The Moratorium on Evictions Does Not Prohibit Filing of Evictions for the Following Reasons:

Important Features of the Extended Moratorium on Evictions

Applying for COVID-19 Emergency Rental Assistance

CDC Declaration

Suggestions for Florida Landlords and Property Managers

WHAT CAN YOU DO?

WHAT CAN YOU NOT DO?

Eviction for Non-Payment of Rent