CDC Eviction Moratorium

Last Modified: 08/31/2021

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.”

https://www.supremecourt.gov/opinions/20pdf/21a23_ap6c.pdf

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. ​​​​​​​

 

Get Help

Next Steps

Newsletter Icon

Check your eligibility.

Find out if you are eligible for free legal assistance.

Chat Icon

Give Us A Call

If you still need assistance, give us a call at (800) 405-1417

Was this information useful?

Please tell us why this information wasn't useful.



Thank you for your feedback!