The Coronavirus is dominating all aspects of our lives. Everyone in this country is living in fear not knowing if they will have a job the next day. As a result, the Government is providing relief for different sectors of the Economy. This includes Homeowners and Tenants. On April 2, 2020, Governor Ron Desantis suspended all Evictions that relate to the Non-Payment of Rent until the middle of May of 2020 and then to June 2, 2020. However, it does not pertain to Termination of Leases. If you have questions about the Coronavirus Effect on Broward County Evictions, contact our office.
What does the Coronavirus Effect on Broward County Evictions mean for Landlords and Tenants?
Coronavirus and Landlords
The State of Florida is not allowing Landlords to file Evictions for non-payment of rent. Landlords can still issue Termination of Lease Notices. For example, Landlords can send out Month-to-Month Termination Notices. In other words, if the Tenant remains in the property after the lease terminates, they are Holdover Tenants. The Courts are allowing Evictions of Holdover Tenants.
Coronavirus and Tenants
The Governor’s order allows Tenants to remain in the property even if a Final Judgment of Eviction has been entered. Since they cannot be removed until the beginning of June, they are in a better position. For example, they can negotiate with the Landlord to vacate the property or settle the past due rent. On the other hand, once the hold is lifted on June 2, 2020, the Eviction Process will rapidly occur and if they have not reached a deal with the Landlord, they will be evicted.
While the Coronavirus has delayed the Eviction Process, Tenants should still be mindful that they will be responsible to pay the past due rent once the hold is lifted. Therefore, if you are unsure about your rights during these uncertain times, contact your Coronavirus Broward County Landlord Tenant Lawyers at (954) 990-7552.
The Law Office of Brian P. Kowal, PA provides the following services to Landlords:
1. Evicting Tenants. Unfortunately for Landlords, Tenants fail to pay rent. As a result, the Landlord files an Eviction against the Tenant. Thereafter, the Tenant has 5 days to respond. Depending on the Response, the Court will enter a Final Judgment of Eviction or set the case for a hearing.
2. Sending Notices to Tenants that violate the lease. If a Tenant violates a provision of the lease not related to rent, the Landlord can send them a 7 day notice to cure. Accordingly, if they fail to remove the violation within 7 days, the Landlord can proceed with the Eviction. For example, a Tenant will receive a 7 Day Notice for allowing an individual to live at the property that is not approved by the Landlord. If they fail to take action during the 7 days, the Landlord can file an Eviction.
3. Representing Landlords in Security Deposit Disputes. Florida Statute 83.49(3) requires a Landlord to return the deposit within 15 days or send a claim via certified mail to the Tenant within 30 days. Thereafter, they have 15 days to object to the claim.
The Law Office of Brian P. Kowal, PA provides Representation for Tenants. The Services we provide include:
1. Defending Tenants against Evictions. A Tenant has 5 days to respond. They can file a Motion to Determine Rent or an Answer. If they are sued for non-payment of rent, they must deposit it into the Court Registry. Failure to do so may result in a Final Judgment of Eviction.
Our goal is to prevent a Final Judgment from being entered. In addition, if a Tenant believes that it was entered in error, we can take necessary steps to try and have it vacated.
2. File Lawsuits to recover their Security Deposit. If a Landlord fails to place a claim on the Deposit, our firm will file a lawsuit against them. The Tenant is entitled to the deposit if they do not comply with Florida Statute 83.49(3). In addition, they will most like likely be able to recover Attorney Fees.
3. Notices to Landlords on behalf of Tenants. If a Landlord fails to maintain the property, we send them a 7 Day notice. Failure to comply allows the Tenant to terminate the lease or withhold rent. The notices are governed by Florida Statute 83.56 and 83.60.
The Coronavirus is changing the Legal 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.