Tenants didn’t pay Rent? Read this before you decide to start an Eviction!
There is an eviction moratorium
in place in the State of Florida and pretty much the whole country that began
on March 27, 2020 and will remain in force through July 25, 2020. Landlords of
covered properties are prohibited by federal law from sending their Tenant
3-day notices of non-payment and from filing a new eviction case for failure to
pay rent during this period. They are
also prohibited from charging Tenants fees or interest for late payment during
this period. After July 25th, Landlords may serve 30-day notices and file an
eviction after that time expires. This doesn’t forgive the rent Tenants may
owe.
Covered Properties include, but
are not be limited to:
·
Properties with federally
backed mortgages (FHA, Freddie Mac, Fannie Mae, VA, HUD, USDA)
·
Properties receiving low-income
housing tax credits (LIHTC)
·
Public housing
·
Section 8 vouchers and
project-based units, or those with support from various federal programs.
·
USDA and rural housing programs
under the Dept. of Agriculture
Cases or Properties not included
under this law:
·
Eviction cases filed in court
on or before March 26, 2020
·
Eviction cases based on Lease
violations, breach of contract, holdover tenancy, and others, other than non-payment
·
Properties bought in cash which
therefore have no mortgage and are not covered by the law.
·
Properties bought through a loan
by a private lender
Even if your property is not
protected, there is a moratorium until May 17th that apply to evictions
for non-payment, so all Landlords still need to wait until May 18th
to serve Tenants with a 3-day notice.
Take into account that, besides
state or federal moratorium, there may be county-level protections, in place
temporarily, that apply to both residential and commercial tenancies, things
are changing day by day, so always check with the clerk of court or an attorney
to confirm the status of any policy changes.
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