On April 2, 2020, Governor DeSantis signed Executive Order 20-94. This executive order placed a moratorium on foreclosures and residential evictions relating to the non-payment of rent. The purpose of the moratorium was to provide temporary relief to Floridians who experienced hardships due to COVID-19.
With COVID-19, the Centers for Disease Control and Prevention declared a nationwide eviction ban on September 4, in hopes of containing the virus. This summer, Governor De Santis narrowed the moratorium to cover only renters and mortgage holders impacted by COVID-19. Governor Ronald DeSantis allowed a statewide moratorium on mortgage and evictions to be extended.
The Centers for Disease Control and Prevention’s nationwide eviction ban required renters to fill out a document stating they had been affected by the pandemic and faced homelessness by presenting it to the landlord. The CDC ban did not cover mortgage foreclosures.
Because of the moratorium in place, housing advocates were worried that the federal ban would not apply in Florida. Housing advocates recognized that landlords who depend on rent payments to make ends meet are also victims of the health crisis. A sole proprietor owns nearly half of all rental property. A National group representing landlords challenged the ban in federal court where congress would be the one to give the CDC the authority to impose such a ban.
Landlords can file eviction actions in court, but any judgments will not be decided until the moratorium is lifted. Renters will need to file a motion in court, proving they have a coronavirus hardship if they are behind on monthly rent payments. When any hardship passes, all accrued payments dating back to when the moratorium was put in place will be due.
Paul J. Burkhart
The Law offices of Paul J. Burkhart, P.L. have experienced attorneys who can help you with the moratorium on evictions and foreclosures.
Our team assists both individuals and business clients with all their legal needs, including business and Corporate Transactions, Business/Commercial and Civil Litigation, Real Estate, Intellectual Property, Family Law, Probate and Estate Planning matters. We are a full-service private law firm ready to assist you with any request, large or small. Call 561-880-0155 or visit our website.
Law Offices of Paul J Burkhart, PL
800 Village Square Crossing
Palm Beach Gardens, FL 33410
Phone: (561) 880-0155
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