DeSantis Narrows Fla. Eviction Ban, Extends to Oct. 1

Several hours before Fla.’s eviction or foreclosure ban was scheduled to expire, the governor signed an buy extending it to Oct. one. The order applies only to the “final action” and not for causes other than a COVID-19 unexpected emergency.

ORLANDO, Fla. – On Monday night – only hours before Florida’s moratorium on evictions and foreclosure was slated to expire – Gov. Ron DeSantis signed another extension buy to 12:01 a.m. on Oct. one, 2020. The order applies only to the “final action” and not for causes other than the COVID-19 unexpected emergency.

The latest extension, Govt Purchase 20-211, extends Govt Purchase 20-180 till 12:01am on Oct. one. After printed, the buy will be posted on Gov. DeSantis’ web page.

Florida Realtors Vice President of Law and Policy and General Counsel Juana Watkins says the affiliation has “received many inquiries about the status of evictions in Florida.” According to Watkins, the past buy:

  • Only restricts household evictions. It does not restrict eviction on commercial properties.
  • Only prohibits the issuance of the final motion. The governor’s buy does not prohibit the submitting of an eviction, only the past step of the eviction system.
  • Only applies to evictions for the non-payment of rent for these adversely afflicted by exclusively outlined circumstances related to the COVID-19 unexpected emergency. The governor’s buy does not implement to evictions related to other circumstances these types of as expired leases, hold more than tenancies, or legitimate violations of lease provisions.

“Remember that residence managers who have composed authorization and are dependable for the day-to-day administration of household residence may perhaps only take care of uncontested evictions for non-payment of rent,” Watkins says. “All other evictions will have to be dealt with by the landlord, or the landlord’s lawyer.”

In addition to Florida’s eviction and foreclosure ban, other federal guidelines may perhaps affect the submitting of an eviction.

“The Nationwide Affiliation of Realtors® not long ago issued Routinely Asked Inquiries that offer additional insight on latest federal guidelines that may perhaps restrict or prohibit evictions on properties topic to home loans which are federally insured, assisted, owned or securitized,” says Watkins.

The governor’s orders target only on challenges created by the pandemic, and it’s “important to notice that rent owed by tenants remains thanks and has not been forgiven,” Watkins warns. “When doable, try out facilitating a resolution concerning the functions that final results in the exit of the tenant.”

For additional information and facts, call or electronic mail Florida Realtors Lawful Hotline.

© 2020 Florida Realtors®