In Florida, a landlord usually cannot evict a tenant just because of the coronavirus pandemic. According to the CDC, all residential evictions have been halted. This intends to prevent the spread of COVID-19. The halt on residential evictions serves as a safety measure to prevent people from losing their homes during the pandemic. However, a landlord can still evict you for non-payment of rent or lease violations. In such cases, the landlord is required to give you a written notice before taking any legal action.
Eviction Moratorium in Florida
In response to the economic hardships caused by the COVID-19 pandemic, the Florida government implemented an eviction moratorium to protect renters from being evicted from their homes for non-payment of rent.
Expiration of the Eviction Moratorium
The eviction moratorium in Florida has expired, and landlords are now allowed to evict tenants for non-payment of rent.
Options for Renters Facing Eviction
If you are facing eviction, there are several options available to you:
- Contact your landlord and explain your financial situation. Many landlords are willing to work with tenants who are struggling to pay rent.
- Apply for rental assistance. The government has provided funding for rental assistance programs that can help you pay your rent.
- Look for legal aid. There are legal aid organizations that can provide you with advice and representation if you are facing eviction.
Additional Protections for Renters
In addition to the eviction moratorium, the Florida government has also implemented several other protections for renters, including:
- Landlords cannot increase rent by more than 10% per year.
- Landlords cannot evict tenants for minor violations of the lease agreement.
- Tenants have the right to a hearing before they can be evicted.
| County | Grace Period |
|---|---|
| Miami-Dade | 10 days |
| Broward | 7 days |
| Palm Beach | 5 days |
Landlord-Tenant Rights in Florida
Florida law provides specific rights and responsibilities to both landlords and tenants. These laws aim to ensure a fair and balanced relationship between the two parties.
Landlord Responsibilities
- Provide a safe and habitable living environment.
- Make necessary repairs and maintenance to the property.
- Comply with all applicable housing codes and regulations.
- Provide written notice to tenants before entering the property.
- Respect the tenant’s right to privacy.
Tenant Responsibilities
- Pay rent on time and in full.
- Take care of the property and keep it clean and sanitary.
- Comply with all lease terms and conditions.
- Refrain from causing damage to the property.
- Allow the landlord to enter the property for repairs or inspections with proper notice.
Eviction Process
If a tenant violates the terms of the lease or fails to pay rent, the landlord may initiate the eviction process.
The eviction process typically involves the following steps:
- The landlord serves the tenant with a written notice to vacate the property.
- If the tenant does not vacate the property within the specified time frame, the landlord may file an eviction lawsuit in court.
- The court will hold a hearing to determine if the eviction is warranted.
- If the court finds in favor of the landlord, the tenant will be ordered to vacate the property.
- The landlord may then obtain a writ of possession from the court, which authorizes the sheriff to remove the tenant from the property.
Eviction Protections
Florida law provides certain protections to tenants facing eviction.
- Tenants have the right to a hearing before they can be evicted.
- Landlords cannot evict tenants in retaliation for exercising their legal rights.
- Landlords cannot evict tenants without a valid reason.
- Tenants may be able to assert defenses to eviction, such as a breach of the lease by the landlord.
| Eviction Grounds | Notice Required |
|---|---|
| Non-payment of rent | 3 days |
| Violation of lease terms | 7 days |
| Criminal activity | 7 days |
| Damage to property | 7 days |
| Holdover tenancy | 15 days |
Eviction Procedures in Florida
In Florida, if a tenant fails to pay rent on time or violates the terms of their lease, the landlord can initiate an eviction process. Here are the general steps involved in an eviction in Florida:
- Notice to Vacate: The landlord must provide the tenant with a written “Notice to Vacate” that specifies the reason for the eviction and the date by which the tenant must leave the premises. The notice period can vary depending on the county and the reason for the eviction.
- Filing for Eviction: If the tenant does not vacate the property by the specified date, the landlord can file a petition for eviction with the court. The petition should include the lease agreement, the Notice to Vacate, and any evidence of the tenant’s failure to pay rent or comply with the lease.
- Court Hearing: The court will schedule a hearing to consider the landlord’s petition. The tenant has the right to appear at the hearing and present their defense. The landlord must prove that the tenant has failed to pay rent or has violated the terms of the lease.
- Eviction Order: If the court finds in favor of the landlord, the court will issue an eviction order. The eviction order will specify the date by which the tenant must vacate the property. The tenant will have a certain amount of time, usually 24 hours, to appeal the eviction order.
- Writ of Possession
- If the tenant does not vacate the property by the specified date, the landlord can request the court to issue a writ of possession.
- This document authorizes the sheriff or constable to remove the tenant and their belongings from the property.
It’s important to note that Florida law prohibits landlords from self-help evictions, such as changing the locks, removing the tenant’s belongings, or shutting off utilities. If a landlord attempts to evict a tenant without following the proper legal procedures, they may be held liable for damages.
If you are a tenant facing eviction, it’s essential to seek legal advice immediately. You may have certain rights and defenses available to you, depending on the specific circumstances of your case.
| Eviction Reason | Notice Period |
|---|---|
| Nonpayment of Rent | 3 days |
| Lease Violation | 15 days |
| Illegal Activity | 24 hours |
Eviction Laws in Florida During the COVID-19 Pandemic
Due to the ongoing impact of the COVID-19 pandemic, Florida has implemented several measures to protect tenants from eviction. While these measures have evolved over time, it is crucial to stay updated on the latest guidelines and regulations. This article explores the current status of eviction laws in Florida, including the availability of legal assistance and resources for tenants facing eviction.
Moratorium on Evictions
- Federal Moratorium: The Centers for Disease Control and Prevention (CDC) issued a federal moratorium on evictions that was in effect from September 4, 2020, to August 26, 2021. This moratorium temporarily halted residential evictions nationwide.
- State Moratorium: Florida did not enact a statewide moratorium on evictions during this period.
Eviction Restrictions After Moratorium
- Landlord Responsibilities: Landlords are required to provide tenants with a written notice of termination of tenancy at least 15 days before filing an eviction action in court.
- Tenant Defenses: Tenants have several defenses available to them in eviction proceedings, including nonpayment of rent due to financial hardship related to COVID-19.
Seeking Legal Assistance
- Legal Aid Organizations: Tenants facing eviction should seek legal assistance from organizations such as Legal Services of North Florida, Jacksonville Area Legal Aid, and Florida Legal Services.
- Pro Bono Representation: Some law firms may offer pro bono (free) representation to low-income tenants facing eviction.
Rental Assistance Programs
- Emergency Rental Assistance Program (ERAP): This federally funded program provides financial assistance to renters struggling to pay rent and utilities due to COVID-19. ERAP funds are distributed through local and state agencies.
- Florida Housing Assistance Program: This state-funded program provides financial assistance to low-income renters who are at risk of eviction.
Preventing Eviction
- Communicate with Landlord: Tenants should communicate with their landlords openly and honestly about their financial situation and explore options such as payment plans or rent reduction.
- Apply for Rental Assistance: Tenants should apply for available rental assistance programs to help cover rent and utility expenses.
- Seek Legal Advice: Tenants facing eviction should seek legal advice as soon as possible to understand their rights and options.
Conclusion
While Florida currently does not have a statewide moratorium on evictions, tenants facing eviction have various protections and resources available to them. Seeking legal assistance, applying for rental assistance programs, and communicating with landlords can help tenants prevent eviction and maintain stable housing during the COVID-19 pandemic.
Thanks for sticking with me through this crash course in Florida eviction law. I know it can be a dry subject, but it’s important to be informed about your rights and responsibilities as a tenant or landlord. If you have any more questions or concerns, be sure to reach out to an attorney or legal aid society for help. And hey, while you’re here, why not check out some of our other articles? We’ve got plenty more helpful information on topics ranging from personal finance to home improvement. Thanks again for reading, and we hope to see you back here soon!