FAMILY AND EVICTION ATTORNEY and MEDIATOR

CDC Eviction Moratorium

Additional Information

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 January 31, 2021.
The CDC Moratorium prohibits only the eviction of 'covered persons'. To be a 'covered person' a tenant must:

be a tenant of a residential property, and
provide a required declaration, sworn under penalty of perjury, to the landlord.

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:

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.

'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.

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.

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.

Coronavirus on Family Law and Other Civil Cases

Limited Court Availability for Civil Cases

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.

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 Legal Update Affecting Evictions in Florida