The coronavirus has wreaked havoc on not only the physical health of many, but also their financial well-being. With many Florida residents laid off or furloughed, their ability to earn the income necessary to pay for their housing has become limited or non-existent. In response, many jurisdictions have taken note and have put protections in place to aid those in need. It is important to understand that the Covid-19 eviction protections in Florida are not automatic, so you may have to apply for protection in order to receive it. Here’s more on the current state of eviction in Florida, and what you can do if you are unable to pay your rent during this unprecedented time.

The Federal Eviction Moratorium

On September 4, 2020, the Center for Disease Control and Prevention (CDC) issued a moratorium on evictions nationwide to stop the spread of the coronavirus. What this means is that landlords who are owed back rent are temporarily unable to use the court system to evict their tenants. The CDC’s moratorium applies in Florida. Unlike other moratoriums, the CDC moratorium does not require that your financial hardship be related to Covid-19. In order for the moratorium to apply, you must sign a declaration that states all of the following:

• You have used your best efforts to obtain all available government assistance for rent or housing.

• Your income is less than $99,000 per year ($198,000 if filing a joint return) for 2020 or you were not required to file taxes in 2019 or you received a stimulus payment via the CARES Act.

• You are unable to pay your full rent due to a substantial loss of income, loss of hours or wages or you have been laid off or you have extraordinary out-of-pocket medical expenses.

• You are using your best efforts to make partial payments of rent on time.

• If you are evicted, you are likely to become homeless and would need to move to a shelter or home that is shared by other people.

• You understand that you must still pay rent and follow the rest of your obligations under your lease agreement.

The federal eviction moratorium applies to not only residential rental houses, but also mobile homes, hotel rooms, and motel accommodations.

What To Do If You Are Facing Eviction In Florida?

For those facing eviction in Florida, it is important that you contact your local court to determine the process that you will need to complete in order to take advantage of CDC’s eviction ban. Some jurisdictions require that you file your declaration at the same time as your response to your landlord’s eviction request. Additionally, your local county may have a rental assistance program that may help you pay a portion of your rent.

Facing Eviction Due To COVID? We Can Help

The coronavirus has impacted the lives of all of us. Admittedly, some have been affected more than others. If you are unable to pay your rent due to the coronavirus pandemic, The Bankruptcy Team may be able to help. Our attorneys are here to give you guidance and help you resolve your financial dilemma. To consult with The Bankruptcy Team, PLLC, call or contact us today.