Florida tenants can’t be evicted during governor’s moratorium on evictions
Attorney suggests tenants contact landlord to work out alternative arrangements, This does not mean you dont have to pay rent!
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On April 2, Gov. Ron DeSantis signed an executive order suspending evictions and foreclosures for 45 days amid the coronavirus pandemic.
Some residents in Orlando say that despite that order they’re still receiving eviction notices from their landlords.
Michelle Hinden is a Central Florida attorney specializing in residential and commercial real estate law. She said while landlords can still send out eviction notices, they won’t be executed until the moratoriums are lifted.
During News 6’s digital town hall Thursday, Orange County Mayor Jerry Demings explained that the county is following that order.
“Evictions can’t be processed further by the clerk or served by the sheriff. What I’m saying to you is, there is no mechanism to evict people in the state of Florida. That won’t last forever, those property owners will be able to get their money,” Demings said.
With $1,200 COVID-19 federal stimulus checks going out this week, some people said they are concerned that landlords are expecting them to use that money for rental payments. Hinden said there may be certain instances where the money may need to be used for an ill family member or to support children, and landlords can’t force tenants to use that money to pay for rent. However, she said tenants are still contractually obligated to pay their rent and any back rent they owe.
“I can’t think of anything that would permit a landlord to have any claim to any of those funds unless they had some sort of garnishment order in place, and I feel like that would have been done way before this event anyway,” Hinden said.
Hinden says if you are financially strapped right now, talk to your landlord. They may be understanding and able to work out an alternative payment agreement.
“Landlords may have certain obligations themselves that they have to comply with, so the tenant might not even realize the landlords themselves have issues they’re worried about which is why they’re trying to collect on rent. I like to say, contact your landlord, explain what the situation is. If it’s a COVID-19 situation, provide documentation that you were furloughed or laid off or your business shut down. Explain the circumstances,” said Hinden.
Hinden wants tenants to remember, they will eventually have to pay for rent they owe.
Evictions, foreclosures suspended for 45 days
One day after the rent was due, evictions and foreclosures in Florida were suspended for 45 days under a statewide order issued Thursday. The measure is meant to help people remain in their homes at a time when people are supposed to stay inside to curb the spread of the novel coronavirus that causes COVID-19.
Gov. Ron DeSantis issued the executive order Thursday afternoon to provide some relief for renters and homeowners in an economy battered by the global pandemic. The announcement coincided with soaring unemployment claims in Florida and across the U.S. Nationwide, at least 10 million are out of work. In Florida, 227,000 people have filed for unemployment.
As Florida began a month-long “stay-at-home” order, the number of diagnosed COVID-19 cases surpassed 9,000 statewide Thursday evening, jumping by 1,235 from Wednesday. Results from recently increased testing suggest more widespread testing is needed to draw conclusions about how the virus is behaving in the South Florida community, according to experts.
The Florida Department of Health said 144 people have died from the virus that can cause severe respiratory illness. The death toll jumped by 43 new deaths Thursday, the single-largest increase in a day.
O bviously once this moratorium has lifted, they can proceed with evictions. And once the eviction is filed, tenants have only about five days to deposit any of those back-dated funds into the registry. You may find yourself in a situation where you have to come up with the back rent quickly and you want to be in a good position with your landlord,” she said.
Hinden said if you work out a payment plan with your landlord, be sure to get the details of the agreement it in writing with signatures.
- With $1,200 COVID-19 federal stimulus checks going out this week, some people said they are concerned that landlords are expecting them to use that money for rental payments”
Well isn’t that what the checks are supposed to be for? People paying needed expenses? This isn’t so people can go on a shopping spree or get their “hair did.” If you don’t pay your rent, they will just evict you the day that the order expires. The landlord has bills to pay, too. Those late fees are going to pile up.
