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COVID-19 Evictions

Brian Korte • March 27, 2020

As we all know, Covid-19 or the Corona Virus has affected everyone. Here are a few Frequently Asked Questions we have been receiving from our clients. We want to ensure that everyone stays healthy and informed about how this epidemic has impacted any eviction matters. Let us help you!

The government said that all evictions are stopped, is this true?

NO. This only applies to properties relating to the Department of Housing and Urban Development. This is a limited number of cases and do not involve most landlord tenant cases. To see if your case fits into the narrow scope of HUD housing please see:
https://www.hud.gov/press/press_releases_media_advisories/HUD_No_20_042

If I get served with an eviction I don’t have to do anything since the Courts are closed.

The Courts are still open and operating on a limited physical capacity. This means that Landlords are still filing evictions, the Tenants still have to respond timely AND MUST CONTINUE to put the rent money in the registry. All legal deadlines are still in place. Thousands of evictions are still being filed in the State of Florida.

If I have been served with an Eviction, what do I have to do now?

You have 5 days to file a response to the Complaint from the date of mailing or the date of service (whichever date is later). If you fail to respond to the Complaint within 5 days, you will be in default and the Court may enter a Final Order of Eviction. Every county has different responses in place as does every judge. Let us help you navigate the process.

Can I write a letter to the Court to respond to the Complaint?

No, that is not sufficient, since the Clerk of Courts are open on a limited capacity, it is more prudent to file all responses electronically. We have access to electronic filing throughout the State of Florida. Please check with your local clerk’s office regarding paper filings or call us to help.

C an I still pay my rent into the Court Registry?

Depends on each County and the Clerks of Court. The Clerks are still open and taking the monthly rents to apply to the Court Registry. If you fail to put your rent into the Court Registry, the Court you will be in default and the Court may enter a Final Order of Eviction without allowing a hearing.

Will the Court set hearings in my case?

The Courts are still conducting telephonic hearings and moving the cases accordingly.

Are mediations still being set?

Many of the courthouses are adapting and setting up procedures to allow for telephonic mediations, where all the parties, attorneys and mediator conduct mediation via conference calls.

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