UPDATE: The CDC Moratorium has expired and any extension has been blocked by the Supreme Court

What was the CDC Eviction Moratorium?

On September 4, 2020, the Center for Disease Control and Prevention (CDC) issued a moratorium on evictions nationwide to stop the spread of COVID-19. The moratorium applies in Florida. Unlike other moratoriums, the CDC Moratorium does not require that your financial hardship be related to COVID-19.

The CDC eviction moratorium was extended through 2020 and into mid-2021. Those extensions stopped any action by a landlord to remove a tenant until JUNE 30, 2021.

The CDC Moratorium applied to residential rentals, including any house, building, mobile home, land in a mobile home park, or similar rental housing. It also applies to hotel or motel stays that are not temporary in nature and fall under Florida’s landlord tenant laws.

Was the CDC eviction moratorium automatic?

The eviction moratorium was not automatic. To be protected under the CDC moratorium, you must sign a declaration. The Form Declaration can be found on the CDC’s website at: https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html. A Spanish version of the declaration is available here: https://www.nhlp.org/wpcontent/uploads/CDC-Declaration-Spanish.pdf. Mass Access has created an online tool that creates a Form Declaration to be signed electronically at: https://massaccess.suffolklitlab.org/housing/#CDC.

The declaration must be signed under penalty of perjury and requires you to certify that:

  • You have used your best efforts to obtain all available government assistance for rent or housing.
  • Your income is less than $99,000 per year ($198,000 if filing a joint return) for 2020, you were not required to file taxes in 2019 or if you received a Stimulus Payment.
  • You are unable to pay your full rent due to a substantial loss of income, loss of hours or wages, you were laid off or you had extraordinary out-of-pocket medical expenses.
  • You are using your best efforts to make partial payments of rent on time.
  • If you are evicted, you are likely to become homeless and would need to move to a shelter or home shared by other people.
  • You understand you must still pay rent and follow the rest of your obligations under your lease agreement.

You must sign and date the declaration and deliver it to your landlord. Keep a copy for your records. If an eviction has been filed against you, you must also file it with the court in your eviction case.

If you are not sure whether you are covered by the moratorium, you should consult with an attorney before signing the declaration. This is especially true because if you make any false or misleading statements or omissions by signing the declaration, you may be subject to fines or jail time.

What should I do if I can’t pay my rent because of COVID-19?

The CDC moratorium does not stop the landlord from collecting rent or late fees. The CDC moratorium does not forgive any unpaid rent and late fees so you still have to pay your rent if you are able. Ask your landlord if he/she will agree to one of the following: (1) forgive rent and waive late fees, (2) agree to a repayment plan to let you pay your past-due rent over time once you go back to work or receive reemployment or other assistance without late fees, (3) reduce the rent. If you reach an agreement with your landlord, confirm it in writing. This can be by sending the landlord or property manager a text, email or letter. Keep a copy of the writing for your records.

Landlords are not required to negotiate with you, but should be understanding during the current pandemic. Tell your landlord why you can’t pay your rent: for example, if your work hours have been cut, you got laid off from work or have to stay home with your children because their school is closed. If you have been a good tenant with a good payment history, mention that and that you want to remain in the home. Explain what you are doing to be able to begin paying rent again as soon as you are able (applying for reemployment benefits, expecting a tax refund, other means).

My landlord is trying to evict me. Do I have any options?

Tenants who are covered by the CDC moratorium and served with an eviction complaint and summons must file a response with the court by the deadline stated in the summons (usually five business days) to avoid losing their cases. You must include a copy of the CDC moratorium with your response. If an eviction is filed against you, you will have to file a written response explaining the reason(s) why you did not pay. If the reason you could not pay your rent is because of COVID-19, you should include that in your response. If you disagree with the landlord about the amount of rent owed, you must file a Motion to Determine Rent as part of your response to avoid losing your case. To create your own eviction answer, visit floridaevictionanswerbuilder.org.

Tenants who are not covered by the moratorium and served with an eviction complaint and summons must file a response with the court by the deadline stated in the summons (usually five business days) to avoid losing their cases. At that time, you must also deposit the rent due with the court registry, rather than paying your landlord. If you disagree with the landlord about the amount of rent owed, must file a Motion to Determine Rent as part of your response to avoid losing your case. To create your own eviction answer, visit floridaevictionanswerbuilder.org.

What if my landlord locks me out or tells me I have to leave?

Florida law makes it illegal for a landlord to remove a tenant through use of “self-help” eviction, such as changing the locks on the door, terminating utility services, removing the tenant’s personal property, or threatening to do such things. A landlord must go to court to evict a tenant or the landlord can be sued by the tenants for unlawful eviction practices.

If you have questions about your rights, call the Three Rivers Legal Services Legal Helpline.

This brochure is provided as legal information only and should not be construed and is not intended as legal advice.

The laws discussed are subject to change without notice. 

 

Provided by Three Rivers Legal Services, Inc.

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