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Fla.’s Ban on Evictions Extended To July 1, 2020

Fla.’s Ban on Evictions Extended To July 1, 2020

  • Posted: Jun 02, 2020
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Fla.’s Ban on Evictions Extended To July 1, 2020

Hours before the moratorium on evictions and foreclosures was set to expire, Gov. Ron DeSantis issued a new executive order that extends the current ban to July 1.

TALLAHASSEE, Fla. – Hours before a ban on Florida evictions and foreclosures was to go into effect, Gov. Ron DeSantis extended the current moratorium a second time. On Monday night around 8 p.m., the governor issued a new order that extends the ban until 12:01 a.m. on July 1.

DeSantis announced the extension without comment via an email, according to the Orlando Sentinel.

“I hereby extend Executive Order 20-94, as extended by Executive Order 20-121, until 12:01 a.m. on July 1, 2020,’’ the executive order reads (Executive Order 20-137).

The extension puts Florida’s foreclosure moratorium on track with a federal moratorium for loans held by entities such as Fannie Mae and Freddie Mac. The Federal Housing Finance Agency (FHFA) announced earlier that the eviction moratorium on single-family home foreclosures was extended to June 30.

While the order impacts evictions and foreclosures until July 1, it does not change Florida law, nor does it relieve tenants or parties to a transaction from their obligations under existing contracts.

The original order itself makes that clear, saying, “Nothing in this Executive Order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments.”

 

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HOW LONG DOES IT TAKE TO EVICT A TENANT IN NORTH CAROLINA?

HOW LONG DOES IT TAKE TO EVICT A TENANT IN NORTH CAROLINA?

  • Posted: May 07, 2020
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HOW LONG DOES IT TAKE TO EVICT A TENANT IN NORTH CAROLINA?

Pursuant to North Carolina law with the eviction process, a landlord may, following successful judicial proceeding, forcibly evict a tenant seven days after the filing of a writ of possession. North Carolina provides four instances in which a landlord may institute eviction proceedings against a tenant: non-payment of rent, a holdover tenant situation, material breach of the lease agreement by the tenant, or drug trafficking and other criminal activity by the tenant. If one of these specified grounds exist, the landlord must then service the tenant with a notice of the eviction. The notice may give the tenant a time period to cure the violation depending on the ground for eviction. For example, in a non-payment of rent circumstance, the landlord must serve the tenant with a notice of eviction and the tenant has ten days to pay the rent. If the tenant does not comply within ten days, then the landlord may institute eviction proceedings. Landlords: Need help with an Eviction? Need us to help you File

After a notice has been served, and any period for cure has lapsed, a landlord may institute a proceeding for eviction by filing a complaint for eviction of the tenant. Once the complaint has been filed and served along with a summons on the tenant, a hearing for eviction will take place. Both parties will have the opportunity to be heard and present their claims and/or any defenses. If the judge determines that the landlord is entitled to eviction, an order will be entered for the eviction. Each party has 10 days to appeal the order following the judge’s decision. After the 10-day period for appeal has lapsed, the landlord may file for a writ of possession. And after seven days after the writ of possession is filed, the landlord may forcibly take the property by changing the locks, accompanied by the county sheriff.

The actual time period for eviction varies depending on the grounds and notice period required for the specific eviction, and the court calendar in the specific judicial district for the scheduling of a hearing.

You can learn the Eviction Process and Laws in North Carolina

 

We also help Tenant understand the Eviction rights  and help with filing or notices to Tenants.

Contact NationalEvictions.com 

561-756-3540

 

 

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State-Specific Resources for Landlords, help to and handle the situation of Rent relating to COVID-19

State-Specific Resources for Landlords, help to and handle the situation of Rent relating to COVID-19

  • Posted: May 07, 2020
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How should Landlords as rental housing providers respond to and handle the situation of Rent relating to COVID-19

On March 16, 2020, The White House signed an Executive Order allowing local jurisdictions to enact eviction protections for renters that experience substantial financial hardships as a result of a tenant’s medical expenses, childcare, loss of wages, layoffs or reduction of hours relating to COVID-19 (Coronavirus). Following the order, cities have issued executive orders or have passed ordinances barring certain residential evictions.

 


State-Specific COVID-19 Resources

 

 


Here are a few ways to approach this delicate and challenging issue

1. Communicate With Renters:

First, communicate with your renter. Empathize with them and let he or she know how you feel about these unprecedented circumstances. Explain that all of us are in the same situation and because you want to ensure you can continue to provide them with a safe, well-maintained home, that would be impossible without receiving the rent you depend on to maintain the building and to support your own family.

2. Empathize:

Now, the remainder of the steps here are more concrete, but I want to make sure we address this. Tenants are people, and they are going through a remarkably scary time, as well. Perhaps it’s even worse than you’re going through, because you’re probably more financially educated than many of your tenants. So before anything else, listen to your tenant. Talk with them. Empathize with them. We’re all in this together, so let’s remember to be human and keep people before profit in our discussions.

3. Explain That Rent Is Still Due:

For as long as there have been tenants and landlords and bills to be paid, there is a super interesting piece of human behavior at play: People will pay the bills that give them the greatest consequence of not paying. In other words, most people financially struggling can pay most of their bills—but not always all of them.

This is why late fees are so vital in normal landlording. When the choice between paying rent and buying a flat-screen TV are presented to a tenant, the late fee and threat of eviction tips the scale toward using that money to pay rent.

But we’re not really dealing with flat-screen TVs today, are we? Regardless, the principle still applies. It’s likely your tenant is going to have to make some serious decisions on which bills are being paid. This is why after talking with the tenant and sympathizing with them, I believe it’s still important to let them know that the rent is still due.

As I’m sure you’ve heard, evictions are being suspended in most areas of the U.S. right now. The ability to issue a late fee might also be banned soon. Your tenant very well might assume that this means the need to pay rent is being suspended, and it’s your job to inform them otherwise.

Even if you can’t evict right now, it doesn’t mean they still don’t owe the rent, and it doesn’t mean you won’t evict when the courts open back up. You don’t need to be a jerk about it, but letting them know that you have a mortgage and other bills to pay is going to be important.

4. Give Your Tenant Options:

Once you’ve explained that the rent is still due, now it’s time to help the tenant navigate this difficult time. We plan to do this by giving them their options, as they may be unaware of the different ways they could come up with the rent.

First, we plan to keep an eye on programs that the government is designing to help tenants. This is a rapidly changing time, so we’ll keep current on assistance programs. Right now, there is a very real possibility that the government is going to issue cash payments to every adult American, which could help. But even if they don’t, there may likely be local, state, or federal programs that could.

Also, we are going to offer other suggestions, as well. For example, could they borrow the money from a relative? Or could the rent be paid via credit card?

In fact, to help where we can, we plan to offer to pay the fee associated with using a credit card. Now would be a good time to get set up with a rent collection system that has the ability to get paid via credit card.

5. Rent Deferral Plan:

Now, Its like some loans, banks can take one or two payments and move this to the back of the loans. Well these are not loans so…..

If I brought this up at the beginning for tenants, most everyone would jump at it. Remember, humans will naturally pay the most pressing bill, so I need them to know that rent is incredibly high on their priority list.

So, step five is our “worst-case” measure that will only be mentioned to tenants when they can’t or don’t pay their rent—not when they call and say they won’t be able to. We will still let the tenant know that rent is due on the 1st, give them the options I just mentioned, and even still issue a late-notice to the tenant if they miss rent.

If they really have exhausted their options and just can’t pay the rent?

 

Rent Deferral Plan

Having this documented plan in place shows the tenant that this is not us winging it—but we have a system in place to handle this crisis for everyone.

*First, there is a really important question we will ask each tenant: “How much CAN you pay toward your rent?”

Chances are, even if they can’t pay all their rent, they can probably pay some of their rent. Maybe their rent is $1,000 per month, and they can only pay $300. We’ll accept that $300 and move onto the deferral plan.

 

Rent Deferral Plan, allows the tenant to opt into a payment plan for their rent over the following 10 months. The deferral plan is an addendum to their lease that gives them the ability to take their rent and pay it in equal portions over the next 10 months (beginning the second month after enacting). It basically gives them an extra month before the increased payment begins.

For example, let’s say we’ve gone through all this, but the tenant simply cannot make the April 1st rent. They owe $1,000 in rent and because we asked what they can put toward it, they are able to pay $300. The remaining $700 becomes $70 per month and gets added to their rent beginning June 1st.

So, starting June 1st (not May 1st, and I’ll explain why in a second), they will pay $1,070 per month in rent until next March. Why not start the payment next month? Simply because I have a strong suspicion that this is not going to end that quickly and a one-month deferral may not be enough time to get back on their feet. This is why we’re going to wait an extra month before adding the extra amount. Furthermore, it is our company policy that during this time, a tenant will be allowed to use this twice. Of course, we won’t tell them this immediately, because we want to work through steps one through four first on the next month, as well. Rent has to remain a priority.

 

If after two months they are still unable to pay, the tenant may just need to be removed. This is completely uncharted territory we find ourselves in today, so I’m not going to lie to you and tell you I know exactly what we’ll do then. But the government can’t forever stop evictions and stop making people pay rent while continuing to force mortgage payments and foreclosures—or nearly every single landlord in the country will eventually go bankrupt.

If this social distancing, job loss, and potential economic meltdown continues, we’ll make new rules as it happens. My guess is that the government will offer more and more programs to attempt to help, because remember—you and I are not in this alone. Everyone is trying to figure this out. And we will. Humans have an incredible ability to figure stuff out when the night is darkest. We will get through this. We will survive. We will emerge stronger.

I hope this sheds some light on what I’ll be doing in my personal rental portfolio to handle potential rent issues in the near future. Maybe you’ll be doing something different—and that’s great. I encourage you to share your thoughts below and let us know what your plan is. And perhaps together, we can help the world move forward financially.

We are offering landlords an Agreement Form and Lease addendum package to help with this Rent Deferral Plan

Download the Forms for Covid-19 Agreements with Tenant Today!


Private and/or Non-Profit COVID-19 Resources

 


 

NationalEvictions.com is here for Landlords, Property Owners and Property Management Professionals.  We can prepare notices to be sent to Tenants, Have them Served to your Tenants,  If and when the Notices expire have all the court forms ready to file with the courts for Landlords. 

Find out more about your rights and our services on our website: https://NationalEvictions.com

 

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TOP 5 LEGAL TIPS FOR BROWARD LANDLORDS

TOP 5 LEGAL TIPS FOR BROWARD LANDLORDS

  • Posted: Apr 25, 2020
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TOP 5 LEGAL TIPS FOR BROWARD LANDLORDS

While Landlords may run a smooth operation with their Rental Properties, issues still occur. These problems range from Tenants failing to pay rent to allowing unauthorized guests in the property.  Our office is dedicated to protecting the rights of Landlords.  In light of our experience, we have created the Top 5 Legal Tips for Broward Landlords.

1.     Respond Immediately when Receiving a 7 Day Notice to Cure 

Unfortunately for Landlords, some Tenants create problems.  While these problems may have been created by the Tenant, upon receiving a 7 Day Notice to Cure, a Landlord should contact the Tenant. Failing to make the necessary repairs allows the Tenant to withhold rent or terminate the lease.  In addition, if the Tenant withholds rent and the Landlord tries to evict them, the landlord can end up in serious trouble.  The Court may decide to dismiss the Eviction.  As a result, the Landlord will have to pay the Tenant’s Attorney Fees.

  1.   If the Tenant fails to pay rent, serve them a 3 Day Notice Immediately

The Landlord/Tenant relationship is a business.  If the Tenant fails to pay rent, the Landlord loses rental income.  Regardless how the Landlord uses the rental income, the Eviction process should begin immediately.   Unfortunately, many Tenants tell the Landlord to “wait another week” or ” I already sent the money to you.”   If a Landlord serves the Tenant with a 3 day notice, they can deduct the late fees from the security deposit.

3.   Comply with the Rules Governing Security Deposits

Florida Statute Chapter 83.49 outlines procedures for handling Security Deposits.   After the Tenant vacates the property at the end of the lease, the Landlord has 15 days to return the deposit in full.  If there is damage or fees that need to be deducted, the Landlord must send the Tenant a claim on the deposit. If the Landlord does not have the forwarding address to send the claim, it must be sent to the last known address. Our office cannot stress the importance of complying with this statute. Failure to comply can result in the Landlord paying an exorbitant amount of attorney’s fees if the Tenant has an Attorney.

4.  Provide Tenant Proper Notice When Entering Property

Florida Statute Chapter 83.53 allows a Landlord to enter the property under certain conditions.  These conditions include:
1. Inspection of the Property for Damages  2. Make Necessary Repairs  3. Make Improvements to the Property 4. Show a Property to a potential Tenant or an interest buyer.   In addition, before a Landlord must give the Tenant reasonable notice prior to entering the property.  Reasonable Notice is giving the Tenant 12 hours notice that they will be entering.  The times allowed must be between 7:30 a.m. to 8:00 p.m.  Many Landlords make the mistake of not complying with this Statute.  If a Landlord fails to give notice and enters the property, they are violating the Tenant’s Right to privacy.  +

5.  Providing Tenant Proper Termination Notice and/or Non Renewal of the lease.

A Landlord’s Termination of a Lease depends on the type of agreement they have with the Tenant.  However,  it is in the Landlord’s best interest not to include a renewal requirement.    In other words, once the lease terminates, the Tenant has to vacate.  If they remain in the property after the lease terminates, they are a Holdover Tenant.

On the other hand, many Landlords do not have written leases with their Tenants. Instead, they have a month to month lease.  In the event that a Landlord wants to terminate a month to month lease, they must comply with Florida Statute Chapter 83.57(3). 83.57(3) requires the Landlord to give the Tenant 15 days notice to terminate the lease.  For example, if a Landlord wants to terminate a month to month lease in July, the Landlord needs to give 15 days notice that the lease will end on July 31.

The above legal tips for Broward Landlords are essential for protecting their rights.  Therefore, if you have questions regarding the Florida Eviction Process, contact our office today at (954) 990-7552.

*This article is reposted by Broward Law Firm: Brian Kowal P.A 

Find other information From Local Law Firms on NationalEvictions.com BLOG

 

 

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H. Battle & Associates  Certified Process Server and Mobile Notary

H. Battle & Associates Certified Process Server and Mobile Notary

  • Posted: Apr 23, 2020
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H. Battle & Associates
(727) 642-6473
Certified Process Server and Mobile Notary

View our Company Page

CPS#207414- 20TH JUDICIAL CIRCUIT
PROCESS SERVICE

  • Serving Summons, Alias Summons & Pluries Summons
  • Serving Complaints, Petitions, Motions, Notices, Interrogatories, Orders
  • Serving Mortgage Foreclosure Complaint and Lis Pendens
  • Serving Subpoena for Deposition, Subpoena for Hearing, Subpoena for Trial, Subpoena Duces Tecum
  • Serving Writ of Garnishment, Writ of Replevin
  • Serving Eviction Summons, Residential and Commercial

 

Harry Battle
PO Box 380056
Murdock, FL 33938
nsa-battle@comcast.net
Phone: (727) 642-6473
Fax: (941) 876-3326

 

Over 45 years of law enforcement experience and 20 years as a certified process server. I have the experience and expertise to offer you excellent service. I have the ability to serve those that don’t want to be served and in areas that many refuse to go.

VIETNAM VETERAN WHO WILL GET THE JOB DONE RIGHT THE FIRST TIME

 

 

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