Unless you have not been watching the news, you are aware that the Coronavirus has affected Florida Landlords and Tenants. The Courts are flooded with Evictions. Landlords have been forced to deal with the reality that many Tenants are not paying rent. To provide safeguards to Tenants affected by Covid-19, the Government has given them a defense to Non-Payment Evictions. As a result, they can raise it in Court by providing the CDC Declaration Form. However, it does not mean that Landlords are unable to Evict for non payment of rent. Therefore, if you have questions about how the CDC Order affects Broward Landlords and Tenants, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Are Landlords out of Luck because of the CDC Order?
It is true that the CDC order protects Tenants. However, they must qualify by meeting certain elements to use it as a defense in Court. These include:
- Tried to obtain government assistance for rent or housing
- Does not earn more than $99,000 annually •
- Unable to pay full rent due to loss of household income, hours of work or wages, lay-offs, or medical expenses
- Made every effort to make timely partial payments or as close to the full payment as circumstances permit
The frustrating part for a Landlord is that they can be at the end of the case but if the argument is raised, the Court will hear it. For example, a Judgment may be entered and the Writ of Possession is posted but a Court will still give the Tenant an opportunity. While it does provide them relief, they do have the responsibility of proving to the Court that they qualify.
Does the order apply to all Evictions?
The good news for Broward and Palm Beach Landlords is that the Order does not pertain to Termination of Lease Evictions, Non-Monetary violations, and Commercial Evictions. While many still use it as a defense, the argument will fail due to the Court’s understanding of its application. Therefore it is important to speak with an Broward County Eviction Lawyer to learn about your rights.
The Coronavirus has had a dramatic effect on the Landlord Tenant Relationship. If you have questions about how the CDC Order affects Broward Landlords and Tenants, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.