CDC Eviction Moratorium
The US Supreme Court ended the CDC Eviction Moratorium on Thursday 8/26/21.
This ruling leaves thousands of Florida Tenants at imminent risk of eviction.
The court added that “If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.”
What This Means For Tenants:
If a landlord gets a final judgment, the clerk will issue a writ of possession and deliver it to the Sheriff who will serve it on the tenant by posting it on the door. Once the tenant is notified, the Sheriff can forcibly remove the tenant after 24 hours.
Step 1: Tenants should apply for Emergency Rental Assistance (ERA) ASAP. Keep in mind that ERA applications are being approved at a very slow pace and Florida Programs have spent 12% of allocated funds. This is mostly due to Programs refusal to reduce unnecessary overburdensome documentation requirements, pay prospective rent to tenants with an ongoing need, and distribute assistance directly to tenants where landlords are not responsive or uncooperative. Learn more about Emergency Rental Assistance (ERA).
Step 2: Tenants should try to work with their landlords and encourage them to participate in ERA before an eviction is filed
Step 3: If there’s a pending eviction, the tenant should notify the court that they have applied for ERA, including the application number, whether the landlord agreed to participate and the status of the application.
**IF A WRIT OF POSSESSION IS SERVED, THE TENANT MUST MAKE ARRANGMENTS TO MOVE OUT IMMEDIATELY (24 HOURS) AS AN EMERGENCY MOTION TO STAY IS HIGHLY UNLIKELY TO PREVAIL.
IF THE TENANT BELIVES THEY HAVE A VALID DEFENSE, THEY MUST FILE AN EMERGENCY MOTION TO STAY BUT CONTINUE TO MAKE ARRANGEMENTS TO MOVE OUT IN THE LIKELY EVENT THE MOTION IS NOT GRANTED
*Defense that may prevail: The landlord accepted payment or agreed to participate in ERA AFTER the final judgment.
Regardless of the status of an eviction or an ERA applications, tenants should talk to an attorney to understand their rights and what to expect moving forward.
People residing or facing a legal issue in Central Florida (Brevard, Citrus, Flagler, Hernando, Lake, Marion, Orange, Osceola, Putnam, Seminole, Sumter, and Volusia) can request and qualify for legal assistance at no cost by calling 1-800-405-1417 or submitting an online application on our website.
Orange County tenants facing eviction can also call 1-800-533-0091 or by completing the following online form. CLSMF Staff will qualify you for legal services or referral to our partner the Legal Aid Society of the Orange County Bar Association.