Law Offices of Heist, Weisse, and Wolk, P.A.
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LEGAL INFORMATION


ALERT! ALERT! ALERT!

GOVERNOR EXTENDS THE SUSPENSION OF EVICTIONS FOR NONPAYMENT OF RENT UNTIL JULY 1, 2020

 

** PLEASE NOTE - ORANGE AND OSCEOLA COUNTIES HAVE CURRENTLY SUSPENDED ANY TYPE OF EVICTION ACTION THROUGH JULY 1, 2020. **

 

Florida Supreme Court rules that the requirement to issue Writs of Possession "forthwith" has been extended INDEFINITELY until further ruling.  Therefore, it is unlikely that writs will be issued until further notice.

 

DO NOT SERVE A THREE DAY NOTICE UNTIL AFTER JULY 1

DO NOT SERVE A THREE DAY NOTICE ON ANY "COVERED" PROPERTY EVEN PAST  JULY 1

 PLEASE WATCH THE VIDEO ON THIS

 

YOU MAY BE SAFE USING THIS FORM FOR PROPERTIES THAT ARE NOT COVERED

WHETHER COURTS ARE OPEN OR NOT, IF THE PROPERTY IS FINANCED OR GOVERNED UNDER CERTAIN GOVERNMENT PROGRAMS , YOU MAY NOT BE ABLE TO FILE AN EVICTION FOR AT LEAST 150 DAYS FROM MARCH 27 2020 AS IN ADDITION TO THE ACT, THE GOVERNOR HAS BY EXECUTIVE ORDER PUT A HOLD ON ALL EVICTIONS FOR NONPAYMENT OF RENT UNTIL JULY 1, 2020.  EMAIL US FOR MORE INFO ON WHETHER YOUR PROPERTY IS BARRED FROM EVICTING. OUR EMAIL IS INFO@EVICT.COM

              CLICK HERE FOR SECTION 4024 OF THE CARES ACT

       CLICK HERE FOR A COVERED VERSUS NON-COVERED SUMMARY

          CLICK HERE FOR A DETAILED EXAMINATION OF "COVERED"

 

  

 

 

 


 

NONRENEWALS AND THE STATE AND FEDERAL HOLDS

 

TENANT NONCOMPLIANCES UNDER EXECUTIVE ORDER 20-94 AND THE STIMULUS ACT

 

IF YOUR PROPERTY IS CONSIDERED "COVERED" UNDER THE STIMULUS - YOU WILL NOT BE ABLE TO SERVE ANY NOTICE FOR NONPAYMENT FOR 120 DAYS

We do not recommend you charge any per diem late fees during ANY suspension period.  This is going to take time for you to remove any late fees and per diem late fees that may have been charged or are accuring in you software system if the Courts are closed.

If the Court in your county is actually open and fully operational, the eviction actions you filed before the Executive Order may still be open and valid but most likely put on hold. 

 


 GENERAL INFO

We highly recommend you take the following steps in addition to any other steps you deem appropriate or health officials recommend.

Your office should not be open to the public including current residents and prospects if at all possible. You can meet a new prospect outside the office. You may decide to not allow package deliveries to your office.

A sign should be posted on your door indicating that any current residents or prospects call or email your staff, and this should be monitored carefully and on a real time basis. If you are going to refuse package deliveries, your door sign should indicate this.

If rent payments are physically tendered, we recommend that gloves and masks are worn and sanitizer used if touching any envelopes or checks given to you.

For prospects that may be looking for an apartment or house, we would urge you to develop an immediate company policy on what protective measures you will take such as wearing gloves, using sanitizer and wearing masks when showing properties. Avoid touching any surfaces, and if you or a prospect touches a surface such as a door handle or light switch, this should be sanitized before and after. 

Remember the first thing a resident or a prospect will do when they try to come into your office is to grab the door handle despite a sign.

We recommend that you postpone any nonessential repairs notifying your residents of such.  Turns of recently vacated units should be held off if possible or disinfectant and protective measures taken.

If an essential repair must be made such as an active plumbing leak,  smoke alarm and or anything that pertains to life, health or safety issues, take all steps to have maintenance wear disposable gloves and use hand sanitizers and disinfectants on all surfaces that are touched, especially doorknobs, light switches or any handles. Facemasks may be advisable.

If there is a toilet stoppage in a 2 bathroom home, then this might not be considered an essential repair. You may decide to turn the water supply off for that toilet.  Be careful considering a jammed garbage disposal as nonessential, as a jammed or clogged garbage disposal could cause the dishwasher to cause a significant leak, as most dishwashers drain into the garbage disposal. If an actual garbage disposal replacement is necessary and you wish to postpone, unplug the dishwasher, turn the dishwasher water supply valve off and put that repair off until it is safe.

All common areas and clubhouses should be closed and all pools and recreation areas closed as well until further information comes out.

Our office will be fully staffed unless we are told by government officials to close, and we urge you to call or email us if you have any questions.  Remember though, we are lawyers here, not healthcare workers or experts, so we might not be able to answer some questions.

If your property is NOT "COVERED", If a current eviction is already in process and the Courts in your county are open, we will continue the eviction process unless or until such time as we are told not to by you or the Court system.  Again, fully expect that some county Clerks, Judges and some Sheriff’s Departments may hold and delay cases at their discretion.

Do not make any payment arrangements with the resident without using the proper form and until such time as we have further information. Using an improper form could cause serious problems. Avoid any clash of expectations. 

For questions, email us at info@evict.com. For open real time eviction status, email us at status@evict.com and always feel free to call us at 1.800.253.8428 between the hours of 9.00 am and 5.00 pm. We will do our best to keep all up to date information on www.evict.com  so check there first.

Since you may have extra time on your hands or some staff may be sent home, take this time to brush up on your legal knowledge and begin watching our free legal training videos at www.evicttv.com We have over 200 videos on all kinds of legal topics. You can also see the full list on Video Links page without logging in or registering.

Stay safe and do everything you can to follow the advice of the CDC, Federal, State and Local health officials as well as your company risk management department.