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RPPTL Real Estate Leasing Committee

Residential Evictions After Desantis Amendment

Scott Frank

Tue, Aug 11, 2020 1:57 PM

Good morning all.

So I do not do residential evictions, but a multi-family client asked me
what the courts are doing now that Desantis amended the eviction moratorium
order. As I read the amendment, the logical interpretation would be that
landlords are free to file and pursue non-payment evictions, but that that
the tenants have a new defense of COVID-related hardship.

Am I reading this right? But more importantly than my interpretation, how
are the County Clerks and Judges interpreting this? Are they accepting
complaints and issuing summonses? Are they allowing judgments to issue?
And if you have come across any COVID-related defenses, how strict are
judges being with regard to allowing or disallowing the defense?

Happy to hear any experiences you have had. Thanks.

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

3201 W. Commercial Boulevard, Suite 218

Fort Lauderdale, Florida 33309

p: (561) 826-5400

f: (561) 423-5721

mailto:sfrank@saflaw.com sfrank@saflaw.com

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cannot be used by any person or entity for the purpose of (i) avoiding any
tax penalties that may be imposed by the Internal Revenue Service or any
other U.S. Federal taxing authority or agency or (ii) promoting, marketing
or recommending to another party any transaction or matter addressed herein.

Good morning all. So I do not do residential evictions, but a multi-family client asked me what the courts are doing now that Desantis amended the eviction moratorium order. As I read the amendment, the logical interpretation would be that landlords are free to file and pursue non-payment evictions, but that that the tenants have a new defense of COVID-related hardship. Am I reading this right? But more importantly than my interpretation, how are the County Clerks and Judges interpreting this? Are they accepting complaints and issuing summonses? Are they allowing judgments to issue? And if you have come across any COVID-related defenses, how strict are judges being with regard to allowing or disallowing the defense? Happy to hear any experiences you have had. Thanks. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 3201 W. Commercial Boulevard, Suite 218 Fort Lauderdale, Florida 33309 p: (561) 826-5400 f: (561) 423-5721 <mailto:sfrank@saflaw.com> sfrank@saflaw.com If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Mike Davis

Tue, Aug 11, 2020 2:40 PM

I don’t have any info on Broward, but as to the 19th Circuit, our information is

“...the judges in all four counties in this circuit met, and are treating this extension a little different. The courts are requiring the tenant to respond in the lawsuit, with an affirmative defense, that they cannot pay because of Covid, to continue to benefit from Governor's moratorium. It is no longer an automatic stay, and all evictions will now proceed, unless the eviction is solely about not paying AND the defendant files an answer that includes a Covid defense, or one of the other standard defenses.

I, the judge, will make this determination. Therefore, the Clerk will now accept and process all evictions like normal. Likewise, the Sheriff will accept and process all writs like normal.

Many landlords were not even filing, and Judges were not evicting if they did, even if the tenant did nothing (defaulted) after a 3 day notice. Now eviction suits can be filed, and the tenant will be evicted, if they do not respond to the summons. Any that were held somewhere in the middle are also entitled to get final judgments immediately, although it make take a little time to weed through the backlog.
Edmond Alonzo
County Judge
19th Judicial Circuit Court”

Mike Davis
The MGFD Law Firm PA

Sent from my iPhone

On Aug 11, 2020, at 9:59 AM, Scott Frank sfrank@saflaw.com wrote:

Good morning all.

So I do not do residential evictions, but a multi-family client asked me what the courts are doing now that Desantis amended the eviction moratorium order. As I read the amendment, the logical interpretation would be that landlords are free to file and pursue non-payment evictions, but that that the tenants have a new defense of COVID-related hardship.

Am I reading this right? But more importantly than my interpretation, how are the County Clerks and Judges interpreting this? Are they accepting complaints and issuing summonses? Are they allowing judgments to issue? And if you have come across any COVID-related defenses, how strict are judges being with regard to allowing or disallowing the defense?

Happy to hear any experiences you have had. Thanks.

Scott A. Frank
Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.
3201 W. Commercial Boulevard, Suite 218
Fort Lauderdale, Florida 33309
p: (561) 826-5400
f: (561) 423-5721
sfrank@saflaw.com mailto:sfrank@saflaw.com

If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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I don’t have any info on Broward, but as to the 19th Circuit, our information is “...the judges in all four counties in this circuit met, and are treating this extension a little different. The courts are requiring the tenant to respond in the lawsuit, with an affirmative defense, that they cannot pay because of Covid, to continue to benefit from Governor's moratorium. It is no longer an automatic stay, and all evictions will now proceed, unless the eviction is solely about not paying AND the defendant files an answer that includes a Covid defense, or one of the other standard defenses. I, the judge, will make this determination. Therefore, the Clerk will now accept and process all evictions like normal. Likewise, the Sheriff will accept and process all writs like normal. Many landlords were not even filing, and Judges were not evicting if they did, even if the tenant did nothing (defaulted) after a 3 day notice. Now eviction suits can be filed, and the tenant will be evicted, if they do not respond to the summons. Any that were held somewhere in the middle are also entitled to get final judgments immediately, although it make take a little time to weed through the backlog. Edmond Alonzo County Judge 19th Judicial Circuit Court” Mike Davis The MGFD Law Firm PA Sent from my iPhone On Aug 11, 2020, at 9:59 AM, Scott Frank <sfrank@saflaw.com> wrote: Good morning all. So I do not do residential evictions, but a multi-family client asked me what the courts are doing now that Desantis amended the eviction moratorium order. As I read the amendment, the logical interpretation would be that landlords are free to file and pursue non-payment evictions, but that that the tenants have a new defense of COVID-related hardship. Am I reading this right? But more importantly than my interpretation, how are the County Clerks and Judges interpreting this? Are they accepting complaints and issuing summonses? Are they allowing judgments to issue? And if you have come across any COVID-related defenses, how strict are judges being with regard to allowing or disallowing the defense? Happy to hear any experiences you have had. Thanks. Scott A. Frank Attorney at Law LAW OFFICES OF SCOTT A. FRANK, P.A. 3201 W. Commercial Boulevard, Suite 218 Fort Lauderdale, Florida 33309 p: (561) 826-5400 f: (561) 423-5721 sfrank@saflaw.com<mailto:sfrank@saflaw.com> If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten