Judge Strikes Down Eviction Moratorium

eviction moratorium

– BUT WAIT! Not so fast…

The first thing you need to know is that the Justice Department immediately appealed and asked for an emergency stay of judgment.

The judge agreed to hold the eviction moratorium ruling for a week until May 12th.

eviction moratoriumFor what it’s worth, the whole matter was deciding whether the Center for Disease Control (CDC) had the authority to impose a federal, nationwide eviction moratorium on landlords.  

The moratorium prevented residential landlords from evicting single renters making less than $99,000 and families making less than $198,000. The judge’s pending ruling is that the CDC does not have that authority. So here is what is likely to happen either way:

 

If the ruling stands, after May 12th in Florida,

    • Landlords can evict residential tenants for failure to pay rent.
    • State-issued moratoriums, like those in New York, will not be affected.  However, the Florida eviction moratorium expired in October of 2020.

If the ruling does not stand and is overturned by the U.S. Court of Appeals, the CDC ruling will remain in effect until June 30th, unless it extended again by Congress or a Presidential Executive Order.

If you are a landlord that has tenants that have not been paying their rent and would like to evict, you first have to give a “3 Day Notice,” which is a 3 business-day notice of demand for payment or possession of the property before you can file for eviction.

There are very specific rules and timelines laid out in the Florida Statutes on the eviction process.

If you would like to prepare for the potential federal ruling being upheld on May 12th, you need to begin the process now, as in today.

We are experienced in evictions and can help you navigate the process so that you can begin to recoup back rent or reclaim the possession of your properties.

Call our office at 305.722.8015, or visit our website at www.CasaisLaw.com to set up a free case evaluation.