Florida Supreme Court Enters into Coronavirus Order That Affects Commercial Landlords, Evictions, And Foreclosures
Florida Supreme Court Enters into Coronavirus Order That Affects Commercial Landlords, Evictions, And Foreclosures May 1, 2020 Commercial eviction proceedings have been complicated by the coronavirus, as more and more cities and states pass emergency laws barring evictions of tenants, as well as foreclosures, in some instances, all while landlords are still expected to finance mortgages and satisfy their lenders. This includes Florida, where, in late March, the state Supreme Court issued an administrative order that will affect evictions and foreclosures. As a result, it is important for landlords to review their leases with commercial landlord attorneys in order to ensure that they understand their rights and are prepared in terms of how any new laws and court decisions have altered those rights. Landlord attorneys can also assist landlords in coming up with creative solutions by agreement, such as partial base rent abatement and/or a repayment schedule, for example, and in researching other options, such as finding out if certain commercial tenants have business interruption insurance policies that can provide coverage during this time. At the same time, landlords will of course also have to consider obligations to their lenders and the effects any lease modifications they enter into will have on their loan covenants, and commercial landlord attorneys can review loan documents so that they are aware of the requirements and what is they need to do in order to ensure that they are in compliance. “The Requirement… For Clerks To Issue Writs Of Possession… Shall Be Suspended Through April 17” Unfortunately, when it comes to the recent “COVID-19 Emergency Measures in the Florida State Courts,” it is still very unclear – even to the clerks of the court – how exactly the change to the writ of possession applies. The order either suspends, or provides clerks with the option to suspend, issuing writs of possession through April 17. Writs of possession are used by law-enforcement to evict a tenant and transfer ownership back to a landlord, as well as remove residents from a foreclosed property and transfer the property to its new owner. Thus far, most of the clerks’ offices in Sarasota and elsewhere have interpreted the order as requiring them to temporarily stop issuing writs of possession, which essentially means putting evictions on hold. However, several others have also indicated that the order contradicts state law, which dictates that, if a judge sides with a landlord or a buyer in a foreclosure, clerks have to issue writs of possession, and only the legislature has the right to change this. Meanwhile, the federal government has already halted evictions and foreclosures on any properties owned by the federal Department of Housing and Urban Development. If You Have Questions, Contact Our Florida Commercial Landlord & Tenant Attorneys There is no question that there is a significant amount of confusion amongst Florida landlords and tenants right now when it comes to both eviction and foreclosure. If you have any questions about these issues in Florida, contact our Tampa commercial landlord and tenant attorneys at HD Law Partners today to ensure that you are on the right path. Resource: natlawreview.com/article/coronavirus-challenges-commercial-landlords floridasupremecourt.org/content/download/632431/7186205/AOSC20-17.pdf tampabay.com/news/health/2020/03/27/evictions-foreclosures-could-be-halted-under-florida-supreme-court-coronavirus-order/ Understanding CAM Charges Is Essential for Florida Commercial Landlords Posted in Homeowners Association | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us