Editor’s Note: Real estate attorney Roxana Tejeda of Tejeda Law Group details how evictions are on the rise in Florida, and the points of view of tenants and landlords.
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As millions of Americans face unemployment and struggle to pay rent, the homelessness crisis is expected to surge. According to the Household Pulse Survey, the likelihood of eviction or foreclosure in Florida has increased to nearly 37%. Many factors—from increasing COVID-19 cases to housing affordability—are adding to that likelihood. Although the federal moratorium, which freezes evictions, expires on December 31st, 2020, landlords are ready to take action. Courts across the state—and more specifically in Miami-Dade and Broward County—anticipate being flooded with eviction filings.
As of October, Miami-Dade and Broward courts are now open to processing evictions, though due to the federal moratorium, the sheriff’s office(s) have not begun to proceed with court issued Writ of Possession. Going back to pre-pandemic eviction orders, however, will pose a handful of problems—mainly, “What’s next? How do we handle evictions in the wake of mass homelessness and no second stimulus? Will the moratorium get another extension?” While Governor Ron DeSantis has extended the federal moratorium five times since mid-May—and might again—the eviction process may not reach “normal” for some time.
As an attorney in real estate law, I believe in due process for both parties. Tenants affected by COVID deserve relief; however, landlords have the right to be compensated. In any given case, tenant and landlord issues are always anticipated, but can be settled and resolved through the appropriate means.
For renters and landlords:
Miami-Dade County’s “Residential Landlord and Tenant Assistance Program”(as part of the CARES Act) provides up to three months of past due rent directly to landlords. Tenants must fill out a declaration form and meet all the necessary requirements to qualify. Applications and eligibility information available at www.miamidadecovidrelief.org
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