So... Can A Landlord Evict You or Not?

The Chenore Group is always trying to shed light on real estate matters that may be confusing. The current issue regarding the moratorium on evictions and foreclosures is one of those questions. This week, the CDC extended the moratorium on evictions and foreclosures until March 31, 2021. But, here in Florida, Governor DeSantis, allowed the Florida moratorium to lapse effective September 30, 2020. So where does that leave Florida residents?

The CARES Act and its subsequent extension banned evictions and foreclosures last year. The intent was to allow people to stay in their homes as a means of fighting COVID. If people were evicted, they would be forced into living with relatives, living in shelters, or living on the streets. During a pandemic, each of these options creates a greater risk of spread of the virus and, therefore a danger for the health of our country. However, the CARES act only relates to certain rental properties with Federal assistance or federally related financing, (meaning, does your rental complex have a federally backed mortgage or do you have a housing voucher, or do you or your landlord get other federal assistance relating to the rental unit). Further, the CARES act only relates to federally backed mortgages. (meaning, is your mortgage insured by FHA or the National Housing Act, or is your mortgage guaranteed by the VA or the Department of Agriculture or the Housing and Community Development Act.) That still leaves millions outside the protection of the CARES Act and that is where the states are supposed to come in. Since Florida no longer has a moratorium, if someone does not fall within the persons protected by the CARES Act, he or she (or the whole family) may literally be out on the street.

There are some other requirements that also must be met to be protected so if this is of immediate concern to you, we highly recommend contacting an attorney to see if you are protected.

Of course, you can always feel free to reach out to us here at the Chenore Group for all your real estate questions. It is our aim to make your buying and selling as seamless as possible.

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