If you are curious whether you can still file an eviction in light of the pending CDC declaration and COVID-19 pandemic, just give us a call. The information in this post relates only to the CDC issued moratorium and does not take into consideration any other applicable restrictions.
As of August 2021, evictions can be filed regardless of the basis. We are presently filing evictions for non-payment, non-compliance, and/or expired lease agreements. However, there is one important caveat—if the eviction is for non-payment the tenant has the ability to file a “CDC Declaration” indicating that they have been financially impacted by COVID-19. Assuming the tenant files the CDC Declaration, the eviction can still proceed, and you can obtain a final judgment of eviction; however, the issuance of the writ of possession (24-hour notice) may be delayed.
In those instances where a tenant filed a CDC Declaration claiming to have been financially impacted by COVID-19, we usually recommend setting an evidentiary hearing to determine the truthfulness of their claims and where the declaration actually applies. In most instances, particularly where a tenant has made no effort whatsoever to pay any rent, the Judge will determine that the CDC Declaration is not applicable and the non-payment eviction can proceed.
As of the time of this post, the CDC eviction moratorium does not apply to evictions for other lease violations, holdover tenants, and/or unlawful detainer actions. Often times a tenant will try to defend and eviction based on something other than non-payment by saying the landlord cannot evict because of the COVID-19 pandemic—in most instances this is incorrect.
Our Orlando eviction attorneys have been able to successfully proceed with hundreds of evictions throughout Florida. If you are a landlord in need of filing an eviction, please contact our office today. One of our experienced eviction lawyers will provide you with available options so that you can proceed as needed.