UPDATE: The information is modified in respect to Governor DeSantis extending the moratorium on evictions and foreclosures until August September 1, 2020.
In Florida, while evictions and foreclosures (sales) have been stayed through October 1, 2020, legal actions can be commenced.
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Florida Gov. Ron DeSantis issued a moratorium on foreclosures and
evictions through the end of May, 2020, which he extended to the end
of June, 2020. That means the moratorium is set to expire on July 1, 2020.
If you think you might be evicted or foreclosed upon, and you wish
to remain in your property, it is important you seek the advise of
competent legal council, and the sooner the better. Procrastination
rarely, if ever, works in your favor. If you delay, you could lose
rights you may otherwise have been able to use.
There may be defenses to eviction such as a violation of the
Florida Landlord Tenant Act or breach of contract. There may be any
host of defenses that could arise as in a foreclosure action I have
previously listed in an earlier blog post. Should these not work
out, a bankruptcy proceeding under Chapter 13, which is a form of
reorganization, may be an alternative; however, this is usually a
last case alternative for most.
Remember, from an attorney's perspective, every case is different.
No 2 cases are the same. I would not recommend trying to self
analyze your case unless you are well versed on the laws in these
areas.
Seek out a competent attorney in your area that can give you legal
advice. If you have a family attorney, this may be a good place to
start. If you do not, ask friends and relatives for advise on
finding a competent attorney. Remember, you are essentially looking
for a good coach, meaning you may not want to pick your attorney
based on price. I recommend picking your attorney based on
experience and ability to handle these areas of the law.
