There are currently two (2) noteworthy eviction bans for Floridian tenants: The Florida Moratorium and (2) the CDC Eviction Moratorium. Right now, the one that provides tenants with the most hope is the CDC Eviction Moratorium. However, even this ban will have its legal challenges.
The Florida Moratorium
Under this moratorium, not only can landlords serve tenants with three-day notices, but now, landlords have been given the “green light” to actually file eviction lawsuits against tenants. Thus, now, it appears as if the moratorium only prevents Florida courts from “providing final action at the conclusion of an eviction proceeding under Florida law when the proceeding arises
from nonpayment of rent by a residential tenant adversely affected by the COVID-19 emergency.” See https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-180.pdf. This moratorium is very little protection for tenants. In sum, it appears only to stop the eviction process just short of authorizing a sheriff to remove a tenant from the rental premises. It is currently effective until October 1, 2020.
CDC Eviction Moratorium
This ban protects residential tenants up until December 31, 2020, who completes the following declaration under the penalties of perjury:
However, tenants who engage in the following cannot be protected: (1) criminal activity on the premises; (2) threatening the health and safety of other residents (does not include individuals with COVID-19 if they take reasonable precautions); (3) damages or posing immediate and significant risk of damage to property; (4) violating applicable building code, health ordinance, or similar regulation re: health and safety; and (5) violating any other contractual obligations, other than the timely payment of rent or similar housing-related payment (like late fees, penalties, or interest for nonpayment).
What Should A Tenant Do to Assert COVID 19 Rights?
Complete the CDC Declaration/Affidavit and send it to your landlord certified mail. Also, for additional measures, to assert protections under the Florida Eviction Mortirums, consider sending this one to your landlord too: https://www.norent.org/en/letter/welcome. Indeed, consider this summary:
There are two potential COVID-19 defenses that you can use. However, both require that you send your landlord notice of your COVID-19 rights. However, be prepared for some landlords to resist your COVID-19 rights. However, if you do not have any better options, it is better to protect yourself, rather than give up.