NEW CDC EVICTION ORDER IN PLACE EXTENDS MORATORIUM UNTIL OCTOBER 3, 2021
ALL EVICTIONS CAN STILL BE FILED AS NORMAL – 30 DAY NONPAYMENT OF RENT NOTICE REQUIREMENT FOR CARES ACT COVERED PROPERTIES IS STILL IN EFFECT
|Video explaining the NEW CDC Order
The NEW CDC Order is in effect until October 3, 2021.
This Order applies to Florida counties where there is a substantial or high COVID transmission rate. As of August 4th, this includes 100% of Florida. This can change so keep up with the law.
CLICK HERE FOR THE COUNTY TRACKER
LAWSUITS WILL BE FILED AND THIS ORDER COULD BE STRUCK DOWN BY THE SUPREME COURT, BUT FOR NOW, WE ARE BACK TO SQUARE ONE.
ALL EVICTIONS CAN STILL BE FILED
The CDC Order does not prevent us from filing any type of eviction, (Declaration or no Declaration in place), but the Consumer Financial Protection Bureau’s rule of May 3 still requires the Tenant gets a special “notice” at the same time the Tenant would get their usual 3 Day Notice and/or possibly the Nonrenewal Notice.
Your 3 Day or 30 Day Notice (CARES Act covered) still needs to contain the Notice of Rights under the CDC Order or the Notice of Rights can be given along with your 3 or 30 Day Notice.
We recommend that you either give the wording to the Tenant with the 3 Day or 30 Day Notice and/or Notice of Nonrenewal, or you put this wording ON either notice so it is clear and conspicuous.
Nonpayment, Nonrenewal/holdover, and Noncompliance cases can all still be filed whether the Tenant has provided you with a CDC Declaration or not.
YOUR CURRENT OPEN AND NEW NONPAYMENT OF RENT EVICTIONS
The final step (removal by the Sheriff), will not occur in a nonpayment case until after October 3, 2021 if the Tenant has presented the CDC Declaration UNLESS a judge has previously struck the Declaration down.
IF NO CDC DECLARATION HAS BEEN SUBMITTED BY THE TENANT:
Most nonpayment cases will move through fine.
IF A CDC DECLARATION HAS BEEN SUBMITTED BY THE TENANT:
Many judges are striking the Declaration if the Tenant does not qualify under the Declaration requirements.
YOUR NONRENEWAL/NONCOMPLIANCE EVICTIONS:
In most cases, these evictions are moving through and are not being impacted by the CDC ORDER or a submitted Declaration.
YOUR OPTIONS FOR FILED EVICTIONS AND EVICTION AVOIDANCE TECHNIQUES
You still have options with your Tenants.
CASH FOR KEYS – This is often a viable method. Download the form we provide if needed
AGREEMENT TO VACATE – Many Tenants will indeed sign an Agreement to Vacate Form. Please see the video we have on this topic and download the form if needed
RENTAL ASSISTANCE FUNDS
Money is still being allocated by the government for rental assistance funds to the Tenant and directly to the Landlord. Keep seeking these funds out. If an eviction is OPEN, contact us FIRST before accepting any assistance or signing any assistance paperwork.
CLICK HERE FOR INFO ON FINDING EMERGENCY RENTAL ASSISTANCE FUNDS
PAYMENT PLANS AND STIPULATIONS
Nothing is stopping you from accepting partial rent or entering into payment plans. If you are dealing with a CURRENT OPEN EVICTION, contact us first before accepting any money so we can get you a STIPULATION.
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