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FEDERAL BAN ON FLORIDA EVICTIONS EXTENDED TO DECEMBER 31, 2020

Date:

FLORIDA: NOVEMBER 14, 2020

Although Florida Gov. Ron DeSantis did not extend the statewide eviction moratorium after it expired recently, the federal government ban on evictions (which includes Florida) was extended until December 31, 2020. With 2.7 million renters in Florida, more than 850,000 renters would   be at risk of eviction because of losing their jobs because of the covid-19 virus. By the end of this summer, more than 2,600 evictions lawsuits were already pending in Florida courts

It is important for Canadians who are renting their properties in Florida or who plan to rent their property in Florida this coming tourist season to know the financial condition of their renters. It is also important for them to know both the state and federal regulations relating to evictions affected by the covid-19 virus.

Previously part of the federal law covered only certain rental properties, but this new extension to December 31, 2020   protects everyone living in one of the nation’s roughly 43 million rental properties. However renters who have fallen behind on their rent must filled out a declaration form and submit it to their landlord stating that they’ have  lost income due to the covid-19 virus and have made an effort to look for financial assistance, as well as state a few other conditions.

Although states and cities continue to have their own eviction bans on the books, Florida is no longer one of those states.

The current national eviction moratorium was ordered by the Centers for Disease Control and Prevention (CDC) using a 1944 public health law intended to curb the spread of a pandemic. Because homelessness can increase the spread of COVID-19, the order halts evictions across the US for anyone who has lost income due to the pandemic and has fallen behind on rent.

The federal eviction extension does not stop late fees or back rent after the extension has expired. It only protects renters who earn less than $99,000 per year or $198,000 for joint filers. The CDC’s order requires renters facing eviction to meet five requirements, which they must declare, under penalty of perjury, by copying or printing, signing  and delivering an affidavit to their landlord. These are that you have  used « best efforts » to look for financial assistance, you don’t expect to earn more than $99,000 in 2020 (or no more than $198,000 if filing jointly), you can’t pay your full rent amount because of lost income or « extraordinary » medical expenses, you’ve tried to pay as much of your rent in as timely a manner as you can, and if evicted, you would likely become homeless and have to live in a shelter or some other crowded place.

 

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