COVID-19 UPDATE: FLORIDA GOVERNOR EXTENDS FORECLOSURE AND EVICTION MORATORIUM UNTIL AUGUST 1, 2020
On June 30, 2020, the Governor of Florida, through Executive Order 20-159, extended the moratorium on foreclosures and evictions that was originally enacted by Executive Order 20-94 on April 2, 2020 until 12:01 AM August 1, 2020. The exact language of the original order being extended is:
"Section 1. I hereby suspend and toll any statute providing for a mortgage foreclosure cause of action under Florida law for 45 days from the date of this Executive Order, including any extensions.
Section 2. I hereby suspend and toll any statute providing for an eviction cause of action under Florida law solely as it relates to non-payment of rent by residential tenants due to the COVID-19 emergency for 45 days from the date of this Executive Order, including any extensions.
Section 3. Nothing in this Executive Order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments.”
This is Temporary Relief
Courts around the state have interpreted this differently as to its impact, but in general it stays all foreclosure actions, except where courts have interpreted it to not apply to commercial foreclosures. Further, it is very important to note that, as to evictions, it only applies to evictions for non-payment of rent. Finally, it does not relieve anyone from the liability for the rent or mortgage payments that come due during the time of the moratorium.
It is important that if you are a tenant who has been unable to pay your rent, the landlord cannot evict you during the time of the moratorium. However, once the moratorium is lifted, you will have to deposit the past due rent into the registry of the court to keep from being rapidly evicted. If you have a mortgage that you are unable to pay at this time, you should work directly with your lender.
As always, we are available and happy to help with any questions that you have. Just call our office at 239-642-1485 or email info@patrickneale.com.
Be safe and well and enjoy the 4th of July!
Patrick Neale & Associates
The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Patrick Neale & Associates. The reader should not act or refrain from acting based upon the information contained in this article without first contacting an attorney. The hiring of an attorney is a decision that should not be based solely upon advertisements or this article.