Law Offices of Heist, Weisse, and Wolk, P.A.
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Back to COVID 19 Leagl Information

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 AUGUST 1, 2020.

 

CLICK HERE TO SEE IF YOU CAN FILE EVICTIONS OR YOU ARE BARRED

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 AUGUST 1, 2020 DUE TO THE BAN. 

 

CALL OUR OFFICE 1.800.253.8428 OR EMAIL US AT INFO@EVICT.COM 

BEFORE TAKING ANY ACTION 

 

1
Can I serve a Three Day Notice?

YES,  AFTER AUGUST 1, 2020, YOU CAN SERVE A 3-DAY NOTICE, BUT IF YOU ARE ON A "COVERED" PROPERTY IT MUST BE A 30-DAY NOTICE.

07-31-2020
2
Can I make a payment arrangement with my tenant?

YES.

07-31-2020
3
We are not sure if we should make a payment arrangement with my tenant. Should we?

WE CANNOT ADVISE YOU. THIS IS A BUSINESS DECISION.

04-06-2020
4
If my Resident is violating the lease, can I still serve 7 Day to Cure or 7 Day to Terminate?

YES.

07-31-2020
5
Does the Stimulus legislation affect evictions?

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.

04-06-2020
6
I do not want to renew the lease. Can I serve a Notice of Non-renewal?

YES.   

07-31-2020
7
My courthouse is open. Can we file an eviction for non-payment of rent?

YES, AFTER AUGUST 1st YOU CAN NOW FILE NON-PAYMENT OF RENT EVICTIONS.  HOWEVER, WRITS OF POSSESSION CANNOT BE EXECUTED UNTIL AFTER SEPTEMBER 1ST UNDER THE CURRENT EXECUTIVE ORDER.

07-31-2020
8
My Resident is refusing access for a repair. What do we do?

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.

04-06-2020
9
We have an emergency repair that must be done. It is an active lease. Can we force our way in?

IF IT IS AN ESSENTIAL REPAIR, LAW ENFORCEMENT SHOULD BE CALLED TO SEE IF THEY WILL ALLOW YOU ACCESS.

04-06-2020
10
My Resident wants to make a payment arrangement for rent. Can we do this?

YES, YOU NEED TO USE THE PROPER FORMS. YOU CAN DOWNLOAD THEM FROM OUR WEBSITE.

07-31-2020
11
Can I continue to charge late fees if the courts are closed?

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".

04-06-2020
12
Once the court reopens, do I need to serve a new Three Day Notice?

YES, AFTER AUGUST 1, 2020, A NEW THREE DAY NOTICE SHOULD BE SERVED WITH NO LATE FEES.  IF YOUR PROPERTY IS "COVERED" IT MUST BE A 30-DAY NOTICE WITH NO LATE FEES.

07-31-2020
13
Are we required to notify other residents if we know a resident has tested positive for Coronavirus?

WE RECOMMEND THAT YOU CALL THE LOCAL HEALTH DEPARTMENT FOR GUIDANCE.

04-06-2020
14
Should we close public access to our office and amenities?

YES, WE RECOMMEND THAT PUBLIC ACCESS, INCLUDING PROSPECTS AND RESIDENTS, SHOULD BE PROHIBITED.

04-06-2020
15
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?

YES, THE AMOUNT SHOULD BE REMOVED.

04-06-2020
16
If the courts are closed can my attorney still electronically file the evictions?

YES, AFTER AUGUST 1, 2020, NON-PAYMENT OF RENT EVICTIONS CAN BE FILED. 

07-31-2020
17
Can we evict a Resident for a non rent related noncompliance?

YES.

07-31-2020
18
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?

WE HAVE A FORM AVAILABLE BUT THIS MIGHT NOT HOLD UP IN COURT.

04-06-2020
19
For those displaced from employment because of the COVID-19 pandemic, is rent forgiven while state of emergency remains?

NO, NOT PRESENTLY. 

04-06-2020
20
Can I give my tenant anything saying they owe rent?

YES, YOU CAN SERVE A 3 DAY NOTICE OR A 30 DAY NOTICE DEPENDING UPON WHETHER YOUR PROPERTY IS COVERED UNDER THE CARES ACT OR NOT.

07-31-2020
21
Can I evict my tenant for a non rent related noncompliance?

IF THE COURTS ARE OPEN AND THE PROPER NOTICE IS GIVEN, MOST LIKELY WE CAN FILE THAT EVICTION.

04-06-2020
22
If the property is paid off with no mortgage, is it a "COVERED PROPERTY"?

NO, IT IS NOT A "COVERED PROPERTY" BUT YOU CANNOT SERVE A THREE DAY NOTICE UNTIL AFTER AUGUST 1.  IF THE OWNER TAKES A HUD OR SECTION 8 VOUCHER, IT WOULD BE A COVERED PROPERTY AND YOU WOULD HAVE TO SERVE A 30-DAY NOTICE AFTER AUGUST 1.

07-31-2020
23
Does a tenant have to provide proof of need or proof they were laid off to be protected under the Stimulus?

NO. 

04-06-2020
24
Can I require that my tenant provide me proof that they were impacted by the Coronavirus?

NO, AND IT WOULD NOT MATTER ANYWAY. 

04-06-2020
25
Can we serve a Three Day Notice on a noncovered property?

YES, AFTER AUGUST 1, 2020 YOU CAN SERVE A THREE DAY NOTICE.

07-31-2020
26
Can we file an eviction for non rent /non monetary related noncompliances on a non covered property?

YES AND YOU WOULD USE THE NORMAL 7 DAY NOTICE OF NONCOMPLIANCE IF IT IS A NON COVERED PROPERTY

04-09-2020
27
Can we file an eviction for non rent /non monetary related noncompliances on a covered property?

YES, BUT YOU WILL NEED TO USE A 30 DAY NOTICE AND NOT THE NORMAL 7 DAY NOTICE

04-09-2020
28
Can we serve a Three Day Notice on a covered property after August 1?

YES, BUT YOU WOULD NEED TO SERVE A 30 DAY NOTICE TO PAY RENT INSTEAD OF A THREE DAY NOTICE.

07-31-2020
29
Can I nonrenew a tenant for a non rent related reason on a covered property?

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

04-09-2020