Expert Chats: On South Florida Renters and Evictions
with Alana Greer, co-Founder and Director of Community Justice Project
When we asked Alana Greer over at Community Justice Project to break down the latest on evictions, we thought this information would only be useful to South Florida residents facing, or in danger of facing, eviction.
Once the conversation got going, we realized that everyone who is currently a renter — or may become one — should know this information too.
Let’s start with the stuff that’s been in the news
On September 30, 2020, the State of Florida’s eviction and foreclosure moratorium expired and was not renewed, which is something only Florida Governor Ron De Santis could have extended.
The purpose of the original state eviction moratorium was to provide temporary relief to Floridians who had been affected by the coronavirus pandemic and could no longer pay their rent.
Separately, the U.S. Centers for Disease Control (CDC) issued their own, nation-wide eviction moratorium (i.e., CDC eviction moratorium) on September 4, 2020. That order is in effect until December 31, 2020. (More on the CDC moratorium below.)
What the expired state eviction moratorium means for renters
Once the Florida evictions moratorium expired, landlords were able to immediately begin processing an eviction, which starts with a landlord filing official, legal paperwork in court.
How the CDC Eviction Moratorium (the one that is still in effect) plays into this
Residents in residential rental property are still protected, sort of.
A landlord can begin the legal eviction process but renters who are experiencing financial hardship due to COVID-19 cannot be removed from their home through December 31, 2020. (Requirements apply in order to be eligible to use the CDC Declaration, see here for details.)
The protections under the CDC eviction moratorium apply even if you are currently an undocumented immigrant, but you must still complete the declaration form.
Most importantly: the CDC’s eviction moratorium protection is not automatic. Renters can only be protected if they fill out and submit a declaration form to their landlord–and each adult member of the household must complete and submit their own form. (Spanish and Haitian Creole declaration forms are also available.)
Also important: If your landlord has already begun the eviction process and you have received a court order, you can still submit a declaration form to receive eviction protection under the CDC moratorium, but you must participate in the court process. If you or someone you know is facing an eviction court hearing and needs legal help, scroll down for information on free assistance.
Two main things to know about the eviction process
- You cannot be forced to leave without a court order. A landlord must present a court order when asking you to leave. More specifically, the local police department would be the one to come to your door, and present you with the official order to leave within 24 hours.
- Once the 24-hour timeframe has passed, the police officer(s) can return. This is your last chance to leave before the police remove you and your possessions from the property. Of course, you do not have to wait for the police to escort you out — you can leave before then — but that is the legal procedure.
What help is available to you
For starters, it depends on where you live. Different counties throughout the State of Florida have different programs in place to protect or support residents.
If you are in Miami-Dade or Broward Count and have received court documents, you can get free legal assistance at:
Big thanks to Alana Greer at Community Justice Project for chatting with us and sharing so many valuable insights. Be sure to visit Community Justice Project’s eviction resource page for more details. And don’t miss their wonderful comic strip-style breakdown of what to do if you are having difficulty paying your rent (included below).
