There is currently one (1) noteworthy eviction bans for Floridian tenants: the CDC Eviction Moratorium. However, even this ban will have its legal challenges.
CDC Eviction Moratorium
This ban protects residential tenants up until December 31, 2020, who completes the following declaration under the penalties of perjury: https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf (“Declaration”).
However, tenants who engage in the following cannot be protected:
(1) criminal activity on the premises; (2) threatening the health and safety of other residents (does not include individuals with COVID-19 if they take reasonable precautions); (3) damages or posing an immediate and significant risk of property damage; (4) violating applicable building code, health ordinance, or similar regulation re: health and safety; and (5) violating any other contractual obligations, other than the timely payment of rent or similar housing-related payment (like late fees, penalties, or interest for nonpayment).
What Should A Tenant Do to Assert COVID 19 Rights?
Complete the CDC Declaration/Affidavit and send it to your landlord certified mail: https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf
Also, for additional measures, to assert protections under the Florida Eviction Mortirums, consider sending this one to your landlord too: https://www.norent.org/en/letter/welcome.
Indeed, consider this summary:
If the landlord files an eviction, you should file a copy of the Declaration with the court. However, the Declaration’s filing will not likely stop the requirement that you deposit the allegedly owed rent in the court’s registry, an eviction judgment from being entered. What’s most likely to happen is that the court will delay issuing the paperwork that directs a sheriff actually to put the tenant out.
The CDC Eviction Ban can be somewhat effective. However, it requires tenants send the landlord notice of their COVID-19 rights. However, tenants should be prepared for some landlords to resist their COVID-19 rights. Also, be prepared for some courts to process the eviction up until the final stage–and stop just short of the actual eviction. However, if tenants do not have a better option, they should protect themselves rather than give up.