The Coronavirus is dominating our lives. The greatest effect has been on the economy. Millions of Americans have lost their job or experienced a decrease in income. As a result, the Government is providing relief for different sectors of the Economy. Prior to the CDC Order taking effect, Florida had an Eviction Moratorium. This prevented Landlords from removing Tenants for Non-Payment of Rent.
On September 30, 2020, Governor Ron Desantis lifted the stay on Evictions but Courts were still required to comply with the Federal Order. This changed on August 27, 2021 when the Supreme Court declared the Moratorium unconstitutional. While Courts are giving Tenants the opportunity to secure rental assistance they are now allowing all Evictions to proceed.
If you have questions about the Coronavirus Effect on Broward County Evictions, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
What does the Coronavirus Effect on Broward County Evictions mean for Landlords and Tenants?
LANDLORDS
The State of Florida is no longer banning Evictions for Non-Payment of Rent. As a result of the Federal Moratorium being declared unconstitutional, Tenants can now be removed for failing to pay. In addition, all other types of Evictions including Non-Monetary and Holdover Tenants can proceed. In other words, if they remain in the property after the lease terminates, they are Holdover Tenants.
TENANTS
Tenants are now responsible to pay the past due rent. However, the longer they wait to become current, the greater amount they will have to pay. As many become Holdover Tenants, they will have to pay double rent adding to the balance. Therefore, if you are unsure about your rights, contact your Coronavirus Broward County Landlord Tenant Lawyers at (954) 990-7552.
How Does Law Office of Brian P. Kowal, PA helps Landlords and Tenants?
LANDLORDS
The Law Office of Brian P. Kowal, PA provides the following services:
1. Evicting Tenants. Unfortunately for Landlords, Tenants fail to pay. As a result, they can file an Eviction. Thereafter, Tenants have 5 days to respond. Depending on the Response, the Court will enter a Judgment or set it for a hearing.
2. Notices. If a Tenant violates a provision of the lease not related to rent, a Landlord can send them a 7 day notice. Accordingly, if they fail to remove the violation, they can proceed with the Eviction.
3. Security Deposit Disputes. 83.49(3) requires a Landlord to return it within 15 days or send a claim to the Tenant within 30 days. Thereafter, they have 15 days to object. If it cannot be resolved, we will file an action to help keep it.
TENANTS
The Law Office of Brian P. Kowal, PA provides the following services:
1. Defense. They have 5 days to respond. They can file a Motion to Determine Rent or an Answer. If they are sued for non-payment, they must deposit it into the Registry. Failure to do so may result in a Judgment. Our goal is to prevent this from occurring.
2. Deposit Disputes. If a Landlord fails to place a claim on it, our firm will file a Lawsuit. The Tenant is entitled to it if the Landlord does not comply with 83.49(3). In addition, they will be able to recover Attorney Fees.
3. Notices to Landlords. If they fail to maintain the property, we send them a 7 Day notice. Failure to comply allows them to terminate the lease or withhold rent. This is governed by 83.56 and 83.60. In addition, they can terminate a month-to-month lease by giving 15 days notice. Our office sends out these notices on their behalf.
The Coronavirus is changing the World. If you have any questions about the Coronavirus Effect on Broward County Evictions, contact our office at (954) 990-7552 or on my cell phone at (585) 261-8443.
