Florida Real Estate Law: How to Handle Evictions During the COVID-19 Pandemic

The pandemic has significantly impacted various sectors of the economy, including the real estate market in Florida. As landlords and tenants navigate the challenges presented by COVID-19, understanding Florida real estate law, particularly regarding evictions, has become crucial. This article explores how to handle evictions in Florida during these unprecedented times.

In Florida, the eviction process is governed by state laws, which have seen changes in response to the pandemic. The Centers for Disease Control and Prevention (CDC) issued a temporary eviction moratorium aimed at preventing the spread of COVID-19 by halting evictions for nonpayment of rent, which can contribute to homelessness. However, this moratorium is subject to specific eligibility requirements.

Landlords must ensure that they are up to date with the requirements of the CDC moratorium, which includes providing tenants with the appropriate declaration form. Tenants must satisfy certain conditions to qualify for the protection, including demonstrating that they have applied for rental assistance and are unable to pay rent due to COVID-19-related financial hardships.

If a landlord believes the tenant does not qualify for the moratorium, or if the moratorium has expired, they may commence eviction proceedings. The first step in this process is to file a complaint with the court, which must be done in the county where the rental property is located. It is vital to follow all procedural rules to ensure the eviction is legally valid.

Before proceeding with the eviction, landlords are encouraged to communicate with tenants to explore potential solutions, like payment plans or rental assistance programs. Open communication can often lead to resolutions that prevent the necessity of an eviction, which can be a lengthy and costly process for both parties.

Once the court proceedings begin, landlords should be prepared for a possible delay, as courts may be slower in processing eviction cases due to pandemic-related backlogs. Additionally, landlords must ensure they have proper documentation to support their case, including leases, payment histories, and any communications with the tenant regarding rent payments.

In the event of a hearing, both landlords and tenants will have the opportunity to present their evidence and arguments. If the court grants the eviction, the tenant will receive a notice detailing the timeline for vacating the property. Should the tenant fail to leave by the specified date, landlords can request a writ of possession from the court to proceed with the eviction through law enforcement.

It’s essential for landlords to remain compliant with all local and federal laws regarding the eviction process. Those who do not follow the legal requirements could face lawsuits or fines. Attending legal workshops or seeking advice from real estate attorneys can provide landlords with crucial information regarding their rights and responsibilities.

In conclusion, navigating evictions during the COVID-19 pandemic in Florida requires a thorough understanding of state laws and temporary federal protections. By remaining informed and proactive, landlords can effectively manage their properties while considering the well-being of their tenants during these challenging times.