ON MARCH 26, 2020 THE STIMULUS BARRED ALL EVICTIONS FOR NON-PAYMENT OF RENT ON CERTAIN PROPERTIES DEPENDING ON THE TYPE OF FINANCING AND TYPE OF PROPERTY. A BANNED PROPERTY IS CALLED A "COVERED" PROPERTY.
ON APRIL 2, 2020, THE GOVERNOR OF FLORIDA BANNED ALL NON-PAYMENT OF RENT EVICTIONS FOR 45 DAYS. THIS HAS NOW BEEN EXTENDED THROUGH JULY 1, 2020.
IF THE COURTS ARE OPEN AND PROCESSING EVICTIONS AND THE PROPERTY IS NOT A GOVERNED PROPERTY OR HAS NO MORTGAGE (PAID OFF), WE MAY STILL BE ABLE TO FILE EVICTIONS FOR NON-PAYMENT OF RENT, BUT NOT UNTIL AFTER JULY 1, 2020 DUE TO THE BAN.
CALL OUR OFFICE 1.800.253.8428 OR EMAIL US AT INFO@EVICT.COM
BEFORE TAKING ANY ACTION
- Can I serve a Three Day Notice?
- Can I make a payment arrangement with my tenant?
- We are not sure if we should make a payment arrangement with my tenant. Should we?
- If my Resident is violating the lease, can I still serve 7 Day to Cure or 7 Day to Terminate?
- Does the Stimulus legislation affect evictions?
- I do not want to renew the lease. Can I serve a Notice of Non-renewal?
- My courthouse is open. Can we file an eviction for non-payment of rent?
- My Resident is refusing access for a repair. What do we do?
- We have an emergency repair that must be done. It is an active lease. Can we force our way in?
- My Resident wants to make a payment arrangement for June rent. Can we do this?
- Can I continue to charge late fees if the courts are closed?
- Once the court reopens, do I need to serve a new Three Day Notice?
- Are we required to notify other residents if we know a resident has tested positive for Coronavirus?
- Should we close public access to our office and amenities?
- Our lease has a separate charge for certain amenities. If we prevent the Resident from using them, should we not charge the Resident this amount on the ledger or the Three Day Notice?
- If the courts are closed can my attorney still electronically file the evictions?
- Can we evict a Resident for a non rent related noncompliance?
- My Resident has a repair request and wants us to make the repair. Can we force them to sign something to hold us harmless if an employee might expose them to Coronavirus?
- For those displaced from employment because of the COVID-19 pandemic, is rent forgiven while state of emergency remains?
- Can give my tenant anything saying they owe rent?
- Can I evict my tenant for a non rent related noncompliance?
- If the property is paid off with no mortgage, is it a "COVERED PROPERTY"?
- Does a tenant have to provide proof of need or proof they were laid off to be protected under the Stimulus?
- Can I require that my tenant provide me proof that they were impacted by the Coronavirus?
- Can we serve a Three Day Notice on a noncovered property?
- Can we file an eviction for non rent /non monetary related noncompliances on a non covered property?
- Can we file an eviction for non rent /non monetary related noncompliances on a covered property?
- Can we serve a Three Day Notice on a covered property after July 1?
- Can I nonrenew a tenant for a non rent related reason on a covered property?
NO, YOU CANNOT UNTIL AFTER JULY 1 AND IF YOU ARE ON A "COVERED" PROPERTY YOU WILL NOT BE ABLE TO SERVE A NOTICE UNTIL 120 DAYS AFTER MARCH 27.
YES BUT IF YOU ARE "COVERED" PROPERTY, YOU WILL NOT BE ABLE TO ENFORCE IT.
WE CANNOT ADVISE YOU. THIS IS A BUSINESS DECISION.
INSTEAD OF YOUR NORMAL 7 DAY, YOU SHOULD TURN THIS INTO A 30 DAY
ABSOLUTELY. IF YOUR PROPERTY FALLS INTO ANY OF THE FOLLOWING CATEGORIES, IT IS CALLED A "COVERED" PROPERTY AND A 4-MONTH MORATORIUM ON NONPAYMENT OF RENT EVICTIONS FROM MARCH 27, 2020 WILL BE IN EFFECT, AND YOU WILL ALSO NOT BE ABLE TO CHARGE LATE FEES IN THE MEANTIME.
THE RURAL HOUSING VOUCHER PROGRAM, PROPERTIES SUBJECT TO THE VIOLENCE AGAINST WOMEN ACT OF 1994, SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY PROGRAM, SECTION 811 HOUSING FOR PERSONS WITH DISABILITIES PROGRAM, HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA), MCKINNEY-VENTO HOMELESSNESS ASSISTANCE PROGRAMS, SECTION 236 PROPERTIES, SECTION 8 HOUSING CHOICE VOUCHER (HCV) PROGRAM, LOW INCOME HOUSING TAX CREDIT (LIHTC) PROPERTIES, ANY LOAN THAT WAS PURCHASED OR SECURITIZED BY THE FEDERAL HOME LOAN MORTGAGE CORPORATION OR THE FEDERAL NATIONAL MORTGAGE ASSOCIATION, PROPERTIES SUBJECT TO A FREDDIE MAC MORTGAGE OR A FANNIE MAE MORTGAGE, ANY LOAN (OTHER THAN TEMPORARY FINANCING SUCH AS A CONSTRUCTION LOAN) THAT IS SECURED BY A FIRST OR SUBORDINATE LIEN ON RESIDENTIAL MULTIFAMILY REAL PROPERTY DESIGNED PRINCIPALLY FOR THE OCCUPANCY OF FIVE OR MORE FAMILIES THAT IS MADE, INSURED, GUARANTEED OR ASSISTED IN ANY WAY BY ANY OFFICER OR AGENCY OF THE FEDERAL GOVERNMENT.
YES, BUT IF THE COURTS ARE CLOSED, AN EVICTION WILL NOT BE ABLE TO BE FILED. IF YOU SEEK TO ENFORCE THE NON-RENEWAL NOTICE THROUGH AN EVICTION ACTION, MANY POTENTIAL DELAYS MAY AFFECT THE EVICTION ACTION.
NO. THE GOVERNOR'S EXECUTIVE ORDER HAS SUSPENDED NON-PAYMENT OF RENT EVICTIONS UNTIL JULY 1st.
IF IT IS A NON ESSENTIAL REPAIR, YOU SHOULD HOLD OFF. IF ESSENTIAL, LAW ENFORCEMENT SHOULD BE CALLED TO SEE IF THEY WILL ALLOW YOU ACCESS.
IF IT IS AN ESSENTIAL REPAIR, LAW ENFORCEMENT SHOULD BE CALLED TO SEE IF THEY WILL ALLOW YOU ACCESS.
YES, BUT THE COURTS MAY BE CLOSED SO YOU MAY NOT BE ABLE TO PROCEED ON FILING AN EVICTION IF THE RESIDENT DEFAULTS ON THE ARRANGEMENT AND THERE IS A BAN ON FILING EVICTIONS FOR NON-PAYMENT OF RENT UNTIL AFTER JULY 1, 2020.
WE RECOMMEND THAT LATE FEES, INCLUDING PER DIEM LATE FEES, ARE NOT CHARGED AT THIS TIME. NO LATE FEES CAN BE CHARGED IF A PROPERTY IS "COVERED".
YES, A NEW THREE DAY NOTICE SHOULD BE SERVED WITH NO LATE FEES BUT YOU CANNOT DO SO UNTIL AFTER JULY 1, 2020.
WE RECOMMEND THAT YOU CALL THE LOCAL HEALTH DEPARTMENT FOR GUIDANCE.
YES, WE RECOMMEND THAT PUBLIC ACCESS, INCLUDING PROSPECTS AND RESIDENTS, SHOULD BE PROHIBITED.
YES, THE AMOUNT SHOULD BE REMOVED.
THERE IS CURRENTLY A BAN ON EVICTIONS FOR NON-PAYMENT OF RENT IN EFFECT UNTIL JULY 1,2020.
IF THE COURTS ARE CLOSED, YOU WILL NOT BE ABLE TO FILE ANY EVICTIONS. IF THE COURTS ARE OPEN YOU MAY BE ABLE TO EVICT.
WE HAVE A FORM AVAILABLE BUT THIS MIGHT NOT HOLD UP IN COURT.
NO, NOT PRESENTLY.
YOU ARE PROBABLY SAFE GIVING THE FORM THAT WE PROVIDE BUT DO NOT USE A THREE DAY NOTICE.
IF THE COURTS ARE OPEN AND THE PROPER NOTICE IS GIVEN, MOST LIKELY WE CAN FILE THAT EVICTION.
NO, IT IS NOT A "COVERED PROPERTY" BUT YOU CANNOT SERVE A THREE DAY NOTICE UNTIL AFTER JULY 1. IF THE OWNER TAKES A HUD OR SECTION 8 VOUCHER, IT WOULD BE A COVERED PROPERTY AND SUBJECT TO THE 120 DAY FEDERAL BAN ON NOTICES AND EVICTIONS.
NO, AND IT WOULD NOT MATTER ANYWAY.
YOU CANNOT SERVE A THREE DAY NOTICE FOR NONPAYMENT OF RENT ON A NONCOVERED PROPERTY UNTIL AFTER JULY 1, 2020 DUE TO THE GOVERNOR'S EXECUTIVE ORDER
YES AND YOU WOULD USE THE NORMAL 7 DAY NOTICE OF NONCOMPLIANCE IF IT IS A NON COVERED PROPERTY
YES, BUT YOU WILL NEED TO USE A 30 DAY NOTICE AND NOT THE NORMAL 7 DAY NOTICE
NO, WILL NEED TO WAIT UNTIL AFTER JULY 26 AND THEN YOU WOULD SERVE A 30 DAY NOTICE TO PAY RENT
YES, YOU CAN BUT YOU MUST USE A 30 DAY NOTICE AND THE REASON FOR NONRENEWAL CAN IN NO WAY BE RELATED TO THE TENANT'S RENT OWED OR RENT PAYMENT HISTORY