Landlords Can Recover Past Rent

Landlords continue to have difficulty collecting rent.  Tenants still have not recovered financially as the Pandemic maintains its hold on the Economy.  This has led to an increasing number of Evictions.   In response, the Government has created Rental Assistance programs.  While some Tenants do not get approved, others have qualified.  On the other hand, the rules governing these programs have created some confusion for Landlords.  Therefore, to learn how accepting Rental Assistance affects the Florida Eviction Process, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552. 

Accepting Rental Assistance Payments Affects the Florida Eviction Process

Tenants are now able to apply for Rental Assistance.  The process can take time but if they qualify, they can pay all past and current rent. If the Landlord accepts it, they are usually prohibited from proceeding with the Eviction Process.  In other words, since they have received the rent that was the basis for a lawsuit, they no longer have the right to remove the Tenant. However, this depends on the guidelines.  

Many Tenants are approved for Rental Assistance even after a Final Judgment has been entered.   Accordingly, if the Landlord agrees to accept it, they will need to inform the Court.  Failure to do so can likely lead to sanctions and further legal ramifications. If a Landlord accepts it after a lockout occurs, they need to file a Motion reversing the Eviction and facilitate the Tenant returning to the property.  There are some programs that a Landlord does not have to apply wherein the Tenant has to provide all documentation.  If they are approved, some programs send the rental checks directly to the Landlord.  However, if they refuse to accept it, they must return the checks immediately. A Landlord can proceed with the Eviction until a Writ is posted if they do not receive the assistance.

To learn how accepting rental assistance payments affects the Florida Eviction Process, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552