Floridians struggling to pay rent can’t be evicted until Sept. 1 – but the latest extension by DeSantis says only if a pandemic-created hardship kept them from paying.

TALLAHASSEE, Fla. – Florida residents struggling to pay rent during the COVID-19 crisis have a reprieve from eviction until Sept. 1, but to keep the legal protection, they must be ready to prove the pandemic is the reason for falling behind.

For the third time, Gov. Ron DeSantis extended for a month an eviction and mortgage foreclosure moratorium that has stopped landlords from removing tenants unable to pay because of financial hardships brought on by the novel coronavirus. Since April, it has helped people who can’t pay housing costs stay in their homes.

But the moratorium is limited – any nonpayment of rent must be from a tenant “adversely affected by the COVID-19 emergency,” which the order defines as a job loss, diminished wages or business income directly impacting the ability to make payments.

Landlords can go to court now to evict a tenant for reasons other than not paying rent, and those who are delinquent must prove the pandemic is at fault to petition for a delay.

DeSantis’ order also narrowed the category of mortgage foreclosure protection specifically to single-family homeowners grappling with COVID-19 financial hardships. It excludes commercial property or business owners unable to pay rent.

Most significantly, nothing in the moratorium forgives accumulated rent or mortgage obligations. All payments are still due “when an individual is no longer adversely affected by the COVID-19 emergency.”

Eviction onslaught?

Left to be resolved is how Floridians with little or no money because of pandemic-related job losses will pay thousands of dollars in housing costs once the eviction protection ends. The latest extension comes as rules lapsed that restricted evictions under the federal Coronavirus Aid, Relief and Economic Security (CARES) Act, stoking fear that in the coming months scores of renters will be tossed into the streets.

And as enhanced unemployment benefits expired Friday – up to $600 a week – 24 million Americans were telling U.S. Census Bureau surveyors they have little to no chance of being able to pay August rent.

Some local landlords are getting a head start by filing paperwork to start nonpayment evictions cases that clerks will initiate when the suspension is over. Treasure Coast judges, who process eviction cases first come first serve, conduct hearings via Zoom and in person. The Martin County courthouse returned to conducting in-person operations Monday after scaling back for two weeks during a local surge in COVID-19 cases, court officials confirmed.

To legally evict a tenant, a judge must grant a writ of possession, which gives property owners the right to take back their property after a 24-hour notice. But for now, that can’t happen to renters covered by the statewide eviction moratorium.

Records show Treasure Coast eviction filings dropped significantly in April when the eviction suspension began compared to the previous five months. St. Lucie County averaged about 153 eviction filings during that period but averaged 35 to 40 eviction filings a month between May and July.

At the same time, Martin and Indian River counties averaged about 30 to 35 evictions per month but recorded less than 10 in April.

Looming debt

It’s unclear how many area residents behind in housing payments may face eviction once state protections end. Indian River County court clerks are bracing for an uptick in landlord/tenant filings, said Clerk of the Circuit Court Jeff Smith.

“Many landlords out there have not filed their cases yet due to the moratorium,” Smith said. “When and if it is lifted, we anticipate that there will be a significant amount of cases filed.”

Fort Pierce City Commissioner Reggie Sessions said what’s really needed is enough federal, state and local money to help those struggling during the pandemic pay what they owe. “The average person, if they weren’t in a position to pay one month,” he said, “what makes you think they’ll be in a position to pay five- or six-month’s rent?”

© 2020 Journal Media Group. Melissa E. Holsman is the legal affairs reporter for TCpalm and Treasure Coast Newspapers, and is writer and co-host of Uncertain Terms, a true crime podcast.

Information provided by Florida Realtors.  Click here to see the original article.

Reprinted with permission Florida Realtors. All rights reserved.