FLORIDA : September 14, 2020
STATE AND FEDERAL ORDERS ONLY TEMPORARILY AFFECTS CANADIANS NOT MAKING THEIR RENTAL PAYMENT FOR THEIR FLORIDA APARTMENTS OR MOBILE HOME PARKS LOTS
Presently, because of the virus, there is a stay against evictions and foreclosures in Florida issued by Governor DeSantis, which he extended on August 31, 2020 until October 1, 2020.
The executive order continues the limited scope of the order DeSantis signed in July. It now specifies that final actions in eviction or foreclosure proceedings are paused only when the tenant or homeowner has been « adversely affected » by the coronavirus pandemic.
Someone is « adversely affected » by the pandemic if he or she endures « loss of employment, diminished wages or business income or other monetary losses realized during the Florida State of Emergency » that impacts the ability to make rent or mortgage payments, according to the executive order. This new requirement “adversely affected” could prevent Canadians who are in Canada and not residing on the Florida property from being considered “adversely affected” and therefore protected at this time from being evicted from their apartment or rented mobile home lot for non payment of rent.
Presently landlords and banks are prohibited from taking eviction and foreclosure actions against delinquent renters and homeowners impacted by the pandemic until Oct. 1. But even if some Canadians were considered “adversely affected” the Governor’s order does not excuse renters and homeowners of their requirement to eventually pay back rent or unpaid mortgage payments after the stay has expired on October 1, 2020.
There is no doubt that Canadians are greatly affected by the virus as the US-Canadian border has been closed to non essential travel (and that includes tourists) and even Canadians who can fly into Florida do not appear to have any reasonable health insurance available to them while in the US.
In addition on September 4, 2020, the Federal Centers for Disease Control and Prevention (CDC) issued an order which stated: “This Order is a temporary eviction moratorium to prevent the further spread of COVID-19. This Order does not relieve any individual of any obligation to pay rent, make a housing payment, or comply with any other obligation that the individual may have under a tenancy, lease, or similar contract. Nothing in this Order precludes the charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract.”
It is clear that for either Americans or Canadians failing to timely pay their rent or mortgage payments, the state and federal orders only delay court action for eviction and foreclosure until after October 1, 2020 (or longer if extended again by Governor DeSantis or the federal government). .