Landlords And Tenants Need To Know These 3 Things About The New CDC Order On Residential Evictions

Published November 5th, 2020 by Kai Jacobs

Florida’s moratorium on evictions expired on October 1, but the CDC (Center For Disease Control) has put an order in place that continue to limit residential evictions.  This has potentially critical implications for both landlords and tenants.

What you need to know about the order:

  • It applies to situations involving non-payment of rent from September 4, 2020 to December 31, 2020.
  • The landlord can file and start the lawsuit now, but a final judgment for possession will not be entered until sometime after December 31, 2020.
  • Not every tenant qualifies for this protection.  To qualify, a tenant has to provide a signed declaration under penalty of perjury that:
    • He or she has used their best efforts to obtain all available government assistance for rent or housing;
    • The tenant expects to earn no more than $99,000.00 annually for 2020 (or $198,000 if filing a joint return); OR had not income to report to the IRS for 2019; OR received a stimulus check under the CARES Act;
    • The tenant cannot pay the rent due to loss of household income, reduction in work hours, lay-off or extraordinary medical expenses (defined as more than 7.5% of tenant’s adjusted gross income for the year);
    • The tenant is using his or her best efforts to make timely partial payments that are as close to the full amount due, as possible; and 
    • Evictions would likely leave the tenant homeless or force tenant into a new shared living arrangement.

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