If you have not already, you may want to read our article about the CDC Eviction Moratorium: https://tenantsclinic.com/the-most-effective-covid-19-defense-for-floridian-tenants-the-cdc-temporary-halt-in-residential-evictions-to-prevent-the-further-spread-of-covid-19-cdc-eviction-ban/
Initially, the CDC Eviction Moratorium (“Moratorium”) was to expire on December 31, 2020. However, President Trump extended the Moratorium until January 31, 2021. Then, on January 21, 2021, on his first day in office, President Biden ordered the CDC to extend the Moratorium until March 31, 2021.
Therefore, the Moratorium’s new expiration date is January 31, 2021, unless extended, modified, or rescinded. Se
What Should A Tenant Do to Assert COVID 19 Rights?
Note, the Moratorium is NOT automatic. Tenants should consider completing the CDC Declaration/Affidavit and sending it to their landlords via certified mail: https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf
If a landlord files an eviction, to be afforded protection under the Moratorium, Tenants must serve their landlords with the CDC Declaration/Affidavit, and Tenants must file a copy of it with the court.
Tenants in Florida should also note that the Moratorium does not stop three-day notices or five-day summons from being served. Nor does the Moratorium prevent an eviction judgment from being entered. It merely prohibits the eviction process where the eviction court directs a sheriff to come to the rental home .to remove tenants physically.
Although President Biden has extended the eviction moratorium to March 31, 2021, Tenants must still take affirmative action to avail themselves of such protection. Tenants must prove to the court that they served the landlord with the CDC Declaration/Affidavit and that they are entitled to protections thereunder. Also, Tenants should be prepared for the eviction process to proceed normally up until actual removal from the rental home.
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