FAMILY AND EVICTION ATTORNEY and MEDIATOR

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.

Hold Lifted on Filing Eviction for Non-Payment of Rent*

*Beginning after August 1, 2020, Eviction for non-payment of Rent Can Now Be Filed and 3 Day Notice to Pay or Vacate Can Now Be Posted

Moratorium is lifted on posting of 3 Day Notice to Pay or Vacate and filing of eviction for non-payment of rent by residential tenant due to COVID-19. Florida Governor DeSantis' order signed on July 29, 2020 partially extending the hold on ONLY the final action at the conclusion of a eviction proceeding (we understand this to mean that a hold on Final Judgment or Writs of Possession is extended to September 1, 2020).

Notices that you can post (After August 1, 2020) include: (download a free notice)

3 Day Notice to Pay or Vacate (when can I post a 3 Day Notice?)
15 Day Notice of Termination of Month to Month Tenancy
7 Day Notice of o Compliance with the Lease or Law

Eviction cases that can be filed (After August 1, 2020) include: (file an eviction case)

**No Payment of Rent
Hold Over Tenant
Material non-compliance of lease or law

view Suggestions for Landlords and Property

**Although the above eviction cases may now be filed, the moratorium on execution of Writs of Possession on cases for non-payment of rent by residential tenant due to COVID-19 is extended to September 1, 2020.

The eviction moratorium does not eliminate the rent and it does not say that the tenant does not owe rent. The eviction moratorium simply means that the final action at the conclusion of a eviction proceeding (the Writ of Possession step) is on hold until September 1, 2020.

This explanation is only a summary and is a much shorter version of the laws and rules it attempts to introduce. Furthermore, circumstances and eviction laws are changing very quickly across all 67 Florida counties. If you need legal advice, or for more information or if you have questions relating to your specific circumstances, please call us at (813) 333-1660 or E-mail chris@chrisfiori.com.

Although the suspension of Writs of Possession in Florida is currently in affect for a specific period of time, the suspension could be extended. Call us to discuss your specific circumstances at (813) 333-1660.

Stay Safe and Healthy—follow Center for Disease Control, federal, state and local health recommendations. We remain here to provide you with legal assistance relating to the management of your properties. Call us with questions at (813) 333-1660.

Supreme Court Moratorium on Writs of Possession

Florida Supreme Court advises county clerks of court to stop issuing writs of possession

This Order Suspending Writs of Possession

Florida Supreme Court issued an order suspending through the close of business on Friday, April 17, 2020, the rules directing the clerk to issue writs of possession. This order does not reverse a final judgment of eviction, rather it puts on hold the removal of a tenant until after April 17, 2020 or as provided by a subsequent order. Some counties continue to issue writs of possession; however, in most cases local Police Departments and Sheriff’s Offices have indicated that they will not enforce eviction orders.

Have a Question? Call (813) 333-1660

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

Timing of your notice. Remember that rent is not late on August 1. (view Notice Requirements)
Posting a notice at the right time. If you have already posted a notice, we recommend that you re-post a notice after August 1, 2020.
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.

**Remember that there is still a hold on the final step of the eviction process, which meas that there is still a hold on getting a writ of possession until September 1, 2020.

Coronavirus Legal Update Affecting Evictions in Florida