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.
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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.
*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)
Eviction cases that can be filed (After August 1, 2020) include: (file an eviction case)
**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 email@example.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.
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
**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.
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