Update: Florida Again Extends Ban On Certain Evictions, This Time Through August 1

Fox Rothschild LLP

Fox Rothschild LLP

On June 30, 2020, shortly before the ban was due to expire, Florida Gov. Ron DeSantis again extended Executive Order 20-94, which restricts certain real estate evictions, this time through Aug. 1, 2020. 

Executive Order 20-94 suspends all statutes “providing for a mortgage foreclosure cause of action.” For evictions, the order states that tenants may not be removed for nonpayment, indicating evictions for other reasons are still in bounds. While this executive order provides protection against certain evictions and foreclosures, it does not provide tenants or homeowners any financial relief. In other words, back rental payments and mortgage payments will still be owed to the lender or landlord once this order is lifted.

As previously reported, courts have advised that eviction actions continue to be filed during the moratorium, creating a backlog of cases, but summons are not being served and the time for tenants to respond to eviction complaints is suspended during the moratorium.

In light of Gov. DeSantis’ extension of the moratorium on evictions, landlords may want to double think moving forward with filing evictions. Landlords should make every effort to find amicable arrangements to help tenants work towards full payment of rent and should put any alternative payment arrangements in writing to ensure future payment. Many property owners have reported that rental delinquencies are not as high as they expected when the COVID19 pandemic began. 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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