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Renters residing in Miami-Dade County will be happy to hear that they are now protected under a new order enacted by Circuit Chief Judge Bertila Soto on May 13, 2020. Read our summary below to learn more.
Current Miami Renter Protection Under the CARES Act
Renters unable to pay are currently covered under the CARES Act, section 4024(b) of the CARES Act, titled “MORATORIUM.” This order states that “during the 120-day period beginning on the date of enactment of this Act (March 27, 2020), the lessor of a covered dwelling may not make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the tenant for nonpayment of rent or other fees or charges.” Furthermore, under section 4024(c) of the CARES Act, titled “NOTICE,” lessors of residential units cannot require tenants to leave their rental unit until after 30 days from when they provided a notice to vacate as well as after the expiration of the period mentioned in the MORATORIUM clause of the CARES Act. Taking both of these orders into account, the earliest a renter can be evicted is August 23, 2020 – which is 120 days after the first clause was enacted, and another 30 days after the second clause.
New Layer of Protection for Miami Renters
Judge Bertila Soto, Chief Judge of the Eleventh Judicial Circuit of Florida, recently mandated that all landlords are now required to submit a declaration under perjury confirming that their eviction is permissible under federal and state orders protecting renters who cannot pay due to financial struggles during COVID-19. Rental properties that have a federally backed mortgage loan or federally backed multifamily mortgage loan are prohibited from filing a declaration under perjury as it violates the orders in the CARES Act. This new rule comes in the wake of landlords filing numerous illegal eviction claims that directly contradict the Act’s specifications. In general, Miami-Dade county is refusing to assist any eviction claims during the declared state of emergency.
Moratorium for Foreclosure Suits
While renters undoubtedly appreciate the new layer of protection, there has been a recent call for a similar moratorium to be applied to all foreclosures. Foreclosure suits that have been pursued mid-pandemic show a history of default judgments – placing residents on the street. Our Miami foreclosure defense attorneys will help our clients expertly navigate through the legal proceedings so that they can remain in their home.
If you are renting a property in Miami-Dade County and facing eviction, contact our expert Miami consumer defense attorneys at Graham Legal, P.A. to explore your case. Schedule your free consultation today.