The current CDC eviction moratorium, which was set to expire on January 31, has been extended through March 31, 2021.
What does this mean for the landlord or property manager? You can still move forward with an eviction action for nonpayment of rent even if you have received a Declaration, or another similar type of notice from the tenant. However, courts and judges across Florida may have a variety of different interpretations of this moratorium, and there is no guarantee that any eviction, even those unrelated to nonpayment of rent, will result in possession being granted to the landlord until this moratorium expires.
If a tenant contests an eviction for nonpayment of rent and a Declaration, or an Affidavit is filed or produced by the tenant, then your eviction will most likely be stayed through January 31, 2021. Evictions for other reasons, such as lease violation, holding over after the lease expires, or termination of month-to-month tenancy are not covered under the CDC eviction moratorium. For more information on the CDC moratorium, please read our article “Frequently Asked Questions for CDC Moratorium/Order”.
It is important for landlords and property managers to understand that the law does not apply to commercial evictions, and that in addition to non-payment of rent evictions, landlords can also file evictions for lease violations, termination of month to month tenancies, nonrenewal of leases, and holdover tenancies.