Cares Act & Eviction Moratorium
On March 27, 2020, the Cares Act came into being. President Trump signed this into law to provide relief in various forms due to the Co-Vid 19 Pandemic. Sections 4022-4024 of the Act provide for a temporary prohibition of eviction and foreclosure. Actions under Section 4024 prevents landlords from eviction proceedings or charging late fees, penalties or charges against a tenant for the non-payment of rent. It also prevents a landlord from issuing a notice to vacate against a tenant 120 days “grace period” for non-payment of rent.
Tenant Responsibility to Pay Rent
Tenants are still responsible for paying rent. Tenants who cannot pay or do not pay rent still have a legal responsibility including an eviction proceeding after the moratorium ends. Tenants are those who are registered for federal funding for rental assistance. The federal programs include HUD for extremely low-income families nationwide of a “covered dwelling unit”.
A 30-day notice must be issued at the end of the temporary provided relief of a tenant not paying rent. Various states and cities have issued “halted, paused and stayed” provisions for non-payment of rent due to the coronavirus and the economic depression that it has created.
The novel coronavirus pandemic has thrown the world into a recession caused by job losses. People who did not fit the definition of essential positions in the workforce have suffered and have led to people being unable to make ends meet and pay bills. Various other situations caused by the stay home and social distancing that is required to stop the spread of the virus have resulted in additional costs such as child care and tutoring. Children must stay home and participate in distance learning. The new normal has been put into place without an end in sight.
FEMA is suspending rent for only a specific group of people: disaster survivors. Other sources of relief comes from State and local governments.
The State of Florida of the Governor Executive Order #20-94 Emergency Management COVID-19 Mortgage And Eviction Relief
This Executive Order states that a public health emergency exists in Florida as a result of COVID-19 on March 1, 2020. This is relief by suspending evictions actions relating to non-payment of rent due to the coronavirus emergency for 45 days from the dating of this order dated on April 4, 2020, by Ron DeSantis, the governor of Florida.
Be Aware of Scammers
Scammers are taking advantage of homeowners who are struggling to keep their heads above water to pay their bills and the mortgage. The promise to provide immediate assistance from foreclosures or insist on cash payment for counseling. Be aware that most counseling services are available at no cost.
Gainesville Attorneys Massey & Duffy, PLLC
Our attorneys at Massey & Duffy can assist you with your legal issues. If you find that you are having problems with your landlord and things are not being handled pursuant to the law, give our office a call at 352-505-8900.
The Law of Ladders
Injuries from ladders are very common during construction. Often, these ladders are supplied by employers or homeowners in a faulty condition. In such cases, the