Governor Allows Florida Foreclosure and Eviction Moratorium To Expire

Florida Governor Ron DeSantis

Florida Governor Ron DeSantis allowed Florida’s moratorium of evictions and mortgage foreclosures to expire at 12:01 Eastern Daylight Time on October 1, 2020.

DeSantis originally suspended mortgage foreclosure and eviction actions in Florida on April 2, 2020, due to the COVID-19 pandemic. The Governor’s original executive order was set to expire on June 2, 2020.

The Governor had since extended the moratorium four times until July 1st, August 1st, September 1st, and October 1st.

CDC Eviction Moratorium Still In Effect

While the state moratorium on evictions has expired. The U.S. Center for Disease Control’s federal moratorium on evictions still remains in effect through December 31, 2020.

Under the CDC’s order, the tenant must provide a copy of this declaration to their landlord, owner of the residential property where they live, or another person who has a right to have them evicted or removed from where they live.

Tenants are still required to pay rent and follow all the other terms of their lease and rules of the place where they live.

They may also still be evicted for reasons other than not paying rent or making a housing payment.

In the CDC eviction declaration, the tenant states under penalty of perjury that:

They have used best efforts to obtain all available government assistance for rent or housing;

They either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;

They are unable to pay their full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses; and

They are using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses.