CDC ISSUES NATIONAL EVICTION MORATORIUM

What Does it Mean?

On September 1, 2020, the Centers for Disease Control (CDC) issued an Order freezing certain residential evictions to slow the spread of COVID19, through December 31, 2020.  Though clearly a political move, it is in fact a smart one and one that gives millions of renters relief from the worry of being evicted due to the inability to pay. However, this Order should not be looked at as a "free pass" to not pay rent, nor bestow any new strength or power over their landlords, but simply an affirmative defense to an eviction action.

Understand, this eviction order ONLY applies to- and prevents an eviction action for "nonpayment of rent." This does not mean that a landlord cannot ask or demand that rent be paid; renters must still pay rent. This also does not prevent a landlord from filing an eviction for destruction of property or selling drugs or any other damage of the landlords' property.

This Order also does not counter any states' law on this issue if that state has a law that is much stronger than the Federal Order.

This is a National Order. 

In Florida, what is likely to occur is that a landlord will simply evict for a totally different reason. Many landlords will provoke easily provokable tenants into causing a disturbance. Most often these are Black, Latino, or lower income tenants with few options. This disturbance will often be called an "ongoing" problem or "threatening." This triggers an immediate 10-15 day notice process that allows the landlord to evict for disturbances. So, don't get cocky, thinking that people are totally immune from any eviction.

This ONLY prevents a landlord from using the nonpayment of rent as their only reason for evicting. If a landlord does get one through, the renter MUST evoke the attachment of this Order as their Affirmative Defense to that action. If they don't, they will lose their eviction case.  Present this Attachment to both your landlord AND the court when/if you are brought to court on an eviction action. 


Below is the complete Order with Schedule A.                                    

 

 

 

Below is the Attachment that must be given to your Landlord.

 *The Attachment should be given BEFORE rent is due.

 **This attachment was edited for ease of correct completion

***Remember, an Intent to Evict is simply a tool landlords use to try to cheaply remove tenants. They mean nothing. A 15-30 Day Notice to Cure means something. 

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