TENANTS, the CDC’s Eviction Moratorium Has Expired.  Here is a link to an article that may be able to help you in the case that you have not been able to pay your rent as a result of the pandemic.  This educational article will inform you as to the actions a property manager, and an owner, have to follow if they intend to evict you.

The ban’s end allows tenants to once again be evicted. However, rules must be followed to legally complete the task. For example, a property manager must have written permission from the landlord to do so.

ORLANDO, Fla. – The end of the eviction ban authorized by the U.S. Center for Disease Control and Infection (CDC) is a step back to “normal” as the pandemic draws to a slow close.

This article serves as a reminder to Realtors who perform property management services for landlords concerning what they can and cannot do.

The Florida Supreme Court has authorized property managers responsible for the day-to-day management (i.e. renting units, maintenance, and collection and rents) of residential property to take certain actions but only if the following applies:

(The Florida Bar re: Advisory Opinion Nonlawyer Preparation of Landlord Uncontested Evictions, 605 So. 2d 868 (Fla. 1992), clarified, 627 So. 2d 485 (Fla. 1993).

If the above facts fit, property managers are authorized to:

Important to note: Property managers may not do any of the above if the tenant/defendant contests the eviction. If the tenant/defendant chooses to contest the eviction, the landlord must step in to handle it on their own or obtain legal counsel.

A property manager’s authorization to proceed on behalf of a landlord ceases if a hearing is required, including an initial hearing on a motion to determine the amount of rent to be deposited into the registry of the court.

Reminder: There are 67 counties in Florida that may differ in how evictions will proceed.

Additional limitations on property managers include:

If a property manager knows a tenant is going to contest an eviction for any reason, it’s recommended that either a landlord or that landlord’s attorney file the complaint with the court. 

 

Source: Property Managers: Do’s and Don’ts as Eviction Ban Ends