Florida Real Estate Law: What to Know About Evictions During the Pandemic

Florida real estate law has undergone significant changes, especially in light of the COVID-19 pandemic. Understanding the nuances of eviction processes during this time is crucial for both landlords and tenants. This article provides essential insights into eviction laws in Florida, focusing on modifications made due to the pandemic.

During the pandemic, various moratoriums were put in place to protect tenants from eviction, especially those who have suffered financial hardships. The Centers for Disease Control and Prevention (CDC) implemented a nationwide eviction moratorium that aimed to prevent homelessness among those affected by the pandemic. This moratorium provided temporary relief, but it also brought confusion regarding local and state regulations.

In Florida, the state government issued its own series of executive orders that outlined specific guidelines for landlords and tenants. Initially, the Florida Supreme Court implemented rules to limit evictions during the peak of the pandemic. These rules established that landlords must give tenants a notice of non-payment at least seven days before filing for eviction.

After several extensions, the statewide eviction moratorium officially ended in September 2021. Landlords can now proceed with eviction cases; however, they must comply with standard legal processes and ensure they follow the correct steps to avoid wrongful eviction claims. This includes providing appropriate notices, allowing tenants time to cure lease violations, and filing proper documentation in court.

It's important for landlords to understand the types of notices required in Florida. A landlord must issue a three-day notice for non-payment of rent, which informs the tenant that they have three days to pay the overdue rent before an eviction process is initiated. In cases of lease violations, a seven-day notice is required, giving tenants the opportunity to correct the violation or face eviction.

For tenants, knowing their rights is crucial. Tenants affected by COVID-19 may be eligible for rental assistance programs at both state and federal levels. Florida has implemented various assistance programs to help tenants pay their rent and utilities. It's advisable for tenants to explore these options and communicate with landlords to potentially negotiate payment plans rather than facing eviction.

Additionally, tenants may defend against eviction if they can prove adverse effects of the pandemic on their ability to pay rent. Courts may consider personal circumstances such as job loss or health issues due to COVID-19 when adjudicating eviction cases.

Both landlords and tenants should seek legal advice to understand their rights and responsibilities in the context of Florida real estate law, especially during the ongoing implications of the pandemic. Staying updated on local ordinances and state regulations is essential, as new laws may continue to evolve in response to economic conditions.

As Florida moves forward, effective communication between landlords and tenants will be vital in preventing disputes and ensuring the rental housing market remains stable. Understanding Florida's eviction processes, and the impacts of the pandemic can help both parties navigate this challenging time successfully.