Florida Governor’s Order Clarifies Eviction & Foreclosure Suspension, But Does Not Apply to Commercial Tenants
Florida Governor’s Order Clarifies Eviction & Foreclosure Suspension, But Does Not Apply to Commercial Tenants May 29, 2020 Clarifying the Florida Supreme Court’s March Administrative Order suspending the requirement for clerks to issue writs of possession, in April, Gov. Ron DeSantis signed an executive order suspending evictions and foreclosures for 45 days (from April 2) due to the coronavirus pandemic. While landlords have been sending out eviction notices at this time, they will only be executed once the moratoriums are lifted. It is also important for tenants to note that they are still contractually obligated to pay any back rent owed; usually within five days. Still, there appears to be confusion as to whether DeSantis’ Order only applies to residential tenants or both commercial and residential tenants. The Order specifically suspends and tolls any statute providing for: A mortgage foreclosure cause of action under Florida Law for 45 days from April 2; and An eviction cause of action under Florida law solely as it relates to non-payment of rent by residential tenants due to the COVID-19 emergency for 45 days from April 2; Indicating that the order does not apply to commercial tenants. Commercial Landlords May Still Be in Need of Creative Options If Tenants Are Having Difficulties at This Time Still, because a number of non-essential businesses have been forced to temporarily close, it is entirely possible that commercial tenants will still have difficulty making rent payments. Some commercial landlords have announced that they can offer rent relief to commercial tenants/businesses that have closed to the virus pandemic. Other landlords dealing with commercial tenants who cannot pay rent at this time may, instead, want to consider other options if it appears that a commercial eviction proceeding may take too long due to a number of courts being closed except for emergencies, such as a modified payment schedule; as long as any and all requirements detailed in the lease are still being followed. If You Try to Enter into A Modification Without an Attorney’s Assistance, There Can Be Issues Later On If you are a commercial landlord in need of assistance with a modification like this in order to get through this time until the courts reopen, it is still imperative that you work with a commercial landlord attorney, as any modification to the lease has to be done in writing and signed not only by the landlord and tenant, but also any guarantors. You will also want to thoroughly discuss and carefully consider the potential implications associated with agreeing to amend the lease so that you do not suffer from any unintended consequences. FIrst and foremost, always make sure that you do not agree to anything informally via email correspondence. Our Florida Commercial Landlord & Tenant Attorneys Are Available at This Time to Help If you have any questions about your commercial lease, enforcing it, or handling an eviction proceeding at this time, contact our Tampa commercial landlord and tenant attorneys at HD Law Partners to ensure that you are on the right path. We are still working through this time to ensure that clients have all of their legal questions and concerns addressed, and we can offer consultations over the phone so as to ensure safety. Resource: flgov.com/wp-content/uploads/orders/2020/EO_20-94.pdf clickorlando.com/news/local/2020/04/10/despite-notice-florida-tenants-cant-be-evicted-during-governors-moratorium-on-evictions/ floridasupremecourt.org/content/download/632431/7186205/AOSC20-17.pdf Proposed Legislation in Florida Would Alter Requirements for Commercial Landlords When It Comes to Emotional Support Animals Posted in Landlord Tenant | 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