A Notice of Non-renewal can be for any reason as long as it is NOT made for discriminatory purposes. Need assistance with drafting a correct Florida Notice of Non-renewal? Law Office of Ryan S. Shipp, PLLC is here to help. Our Eviction Attorneys have handled over 3,000 + commercial and residential tenant and eviction matters throughout the State of Florida and we know how to properly navigate through court in order to get you back possession of your property fast! Call us today at 561.699.0399 to set-up a consultation. We are located in Lantana, Florida. We serve South Florida and ALL counties throughout the State of Florida.
On August 26, 2021, the Supreme Court struck down the Centers for Disease Control and Prevention (CDC) nationwide moratorium on evictions of any tenants who live in a county that is experiencing substantial or high levels of COVID-19 transmission and who make certain declarations of financial need that was set to expire on October 2, 2021. The Supreme Court went on to hold that if a federally imposed eviction moratorium is to continue, Congress must specifically authorize it. **CLICK HERE** to find a copy of the Supreme Court Order. Unless Congress exercises its authority, evictions for non-payment of rent may now proceed.
The CDC Eviction Moratorium has been extended through October 2, 2021 for some residential evictions. **CLICK HERE** to see the most updated Order issued by the CDC. Although the most recent order is bound to create legal battles as landlords continued to get crushed by tenants not paying their rent, there may be light at the end of the tunnel for Florida residential landlords, as much of the eviction moratorium relief monies have yet to be disbursed to struggling landlords and tenants.
The CDC’s Federal Eviction halt does not apply to all evictions in Florida. Unless matters change, currently the CDC’s directives only protect residential tenant’s from being evicted for the non-payment of rent through July 31 2021 . For a link to a summary of the CDC’s new Eviction update, please visit the CDC website. Also, even if the tenant is being evicted for non-payment of rent, the tenant must still adhere to the guidelines and meet the criteria as set forth in the CDC Order to be protected by the eviction moratorium. In sum, a landlord has the ability to still progress an eviction action for non-payment of rent, but it is up to the tenant to stop the eviction from being finalized. Even if the tenant attempts to delay a non-payment of rent eviction from being completed, in Florida, the landlord may request an evidentiary hearing with the Court to challenge the truthfulness of the tenant’s CDC defenses.
Commercial Evictions, both monetary and non-monetary, along with residential evictions for hold-over tenancies (this occurs when the tenant remains in the property after their lease has been terminated or not renewed) and evictions for non-monetary violations of the rental agreement may still proceed as normal and are not affected by the CDC moratorium.
For a link to our firm’s website with free residential notice forms, including a 3 Day Notice, 7 Day Notice, and 15 Day Notice of Termination of Tenancy, please click on the link below:
A Notice of Non-renewal can be for any reason as long as it is NOT made for discriminatory purposes. Need assistance with drafting a correct Florida Notice of Non-renewal? Law Office of Ryan S. Shipp, PLLC is here to help. Our Eviction Attorneys have handled over 3,000 + commercial and residential tenant and eviction matters throughout the State of Florida and we know how to properly navigate through court in order to get you back possession of your property fast! Call us today at 561.699.0399 to set-up a consultation. We are located in Lantana, Florida. We serve South Florida and ALL counties throughout the State of Florida.
