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Evictions and New Federal Eviction Moratorium
On March 27, 2020, Congress passed, and the President signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law.
The purpose of this article to shape possible misunderstanding about the eviction process and shed more light about how some leases may end during the COVID-19 times.
On March 27, 2020, Congress passed, and the President signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. The Eviction Moratorium restricts certain residential landlords from filing new eviction actions for non-payment of rent, and also prohibits charging fees, penalties, or other charges to the tenant related to such nonpayment of rent. Mainly this bill is related to Landlord who participates in a federal program, such as section 8, is barred from evicting a tenant for non-payment of rent. So, if rental home is not under federal program, this bill does not cover the case.
Later, on April 2, 2020, Florida Govenor suspended non-payment evictions for 45 days. Specifically, Ron Desantis stated: “hereby suspend and toll any statute providing for an eviction cause of action under Florida law solely as it relates to non-payment of rent by residential tenants due to the COVID-19 emergency for 45 days from the date of this Executive Order,including any extensions“. Which means that Landlord may not start eviction process until May 17, 2020. However, onlyNON-PAYMENT EVICTIONS!
Most importanly, The Governor made it clear in his order that tenants are still obligated to make their rent payments and that landlords are still permitted to evict for other matters. What are the “other matters”? Among them are:
- Lease Violation,
- Holdover Tenancy, which means the lease ended, but resident forgot to move out,
- Termination of month-to-month tenancy.
With cases listed above, Landlords are able to proceed with an eviction.
Please note that Mila Realty is not a LAW FIRM. What is presented here is result of data analysis. Data was collected from the Acts and Orders on the government websites:
https://www.congress.gov/bill/116th-congress/house-bill/748/text
https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-94.pdf
