COVID 19 Tenant Rights for Month to Month Tenants
If you have read my article: Corona Virus 19, Florida Evictions, and Tenant’s Rights, by now, you know that depending on a tenant’s circumstances, in Florida, a landlord may be prohibited from filing an eviction against the tenant for nonpayment of rent. However, if you have not, please read it here: https://tenantsclinic.com/corona-virus-19-florida-evictions-and-tenants-rights/
The Florida Eviction Moratorium appears to be limited only to those cases were the eviction is being filed for a failure to pay rent: https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-94.pdf
Therefore, if a landlord is simply deciding not to renew a month to month1 lease, and the tenant fails to relinquish possession of the rental premises, the landlord under this scenario may, lawfully, file an eviction.
What Can Tenant Do in this Scenario?
In the eviction answer and/or at the eviction hearing, tenants should argue that the non-renewal is really about the inability to pay rent. Those tenants who prove that they put the landlord on notice of this inability prior to the notice of nonrenewal will likely have a greater chance of success with this proposed defense.
Thus, at their earliest conveniences, tenants should make it clear that they are unable to pay rent due to the COVID 19 pandemic.
However, many tenants have asked: “Just how do I do that?”
How to put Your Landlord on notice of your COVID 19 Tenant Rights
Now, it’s as simple as ever. There is, now, an online tool that assists tenants to do so. And better yet? It’s free!!!
To use the tool, please click here: https://www.norent.org/en/letter/welcome
Month to month1 leases may not be protected by the Florida Eviction Moratorium. Notwithstanding, Tenants should still attempt to protect themselves. Tenants should put the landlord on notice that they are experiencing COVID 19 financial difficulties and make these arguments in any resulting eviction proceeding.