The number of cases of coronavirus in Pinellas County has continued to rise. Pinellas County recently confirmed four hundred and thirteen cases of COVID-19 in Pinellas County alone. Pinellas County also just extended its local state of emergency.
Related to this pandemic is the reality that the coronavirus has had severe financial repercussions on Florida residents. Businesses have closed, employees have been laid off or furloughed, and there have been a drastic rise in unemployment claims. As a result, many people and businesses have simply been unable to make their mortgage payments or rent payments to their landlord.
Two common questions for many people in the State of Florida during these difficult times are whether foreclosures and eviction proceedings can be brought during the pandemic.
A foreclosure action occurs when a homeowner fails to pay the mortgage. A foreclosure lawsuit is the legal process wherein the lender takes control of the property due to the homeowner’s default under the loan by failing to pay the mortgage payment when due.
Florida Statute Chapter 83 governs the landlord and tenant relationship. This Chapter is divided into residential tenancies and nonresidential tenancies, and it details in what circumstances an eviction can occur for both residents and nonresidents.
A residential eviction happens when a landlord files a lawsuit to remove the tenant from the property. One of the reasons for a residential eviction is the nonpayment of rent. If the tenant fails to pay his or her monthly rent, then the landlord can move forward with evicting the tenant from the home.
“Nonresidential” under the Florida Statute refers to renting or leasing a property for a reason other than for residential purposes. This is commonly known as commercial leases (business leases). A commercial lease eviction occurs when a landlord seeks to remove the tenant from the commercial property, and one of the reasons for eviction is the tenant’s non-payment.
With many people wondering if they will be sued for foreclosure for failing to make their mortgage payment – or evicted for failing to make their rental payment – the State of Florida has responded to these concerns.
On March 24, 2020, Chief Justice Charles Canady of the Florida Supreme Court issued an order entitled “Emergency Measures in the Florida State Courts.” The order provides that the requirement in Florida Rule of Civil Procedure 1.580(a) for the clerk to issue a writ of possession “forthwith” shall be suspended through the close of business day on April 17, 2020. This essentially means that the clerks will stop issuing writs of possession (which is the final step of an eviction wherein the resident is actually removed from their home). This order did not address a landlord filing, or proceeding with, an eviction action.
On April 2, 2020, Governor Ron DeSantis issued Executive Order 2020-92 regarding Mortgage Foreclosure and Eviction Relief which answers these questions by temporarily suspending foreclosure and eviction actions for forty-five days.
The Executive Order finds that the emergency related to COVID-19 has impacted the ability of many Floridians with single-family mortgages to make their mortgage payments and that targeted temporary relief for this issue is in the best interest of the State and its people.
The Executive Order Issued the Following Action:
- The Governor of the State of Florida suspended and tolled any statute providing for a mortgage foreclosure cause of action under Florida law for forty-five days (from the date of issuance of the Executive Order, including any extensions), and
- The Governor of the State of Florida also suspended and tolled any statute providing for an action under Florida law related to the non-payment of rent by residential tenants due to the pandemic for forty=five days (from the date of issuance of the Executive Order, including any extensions).