Eviction Actions

The COVID-19 pandemic has wreaked havoc on the rental industry, making it incredibly difficult for landlords to evict their tenants who are not paying their rent. While protections have been in place, there are steps that landlords can take to prepare and file for an eviction action in Florida. At The Soto Law Office, our team has helped many landlords throughout the Altamonte Springs area with eviction actions and are prepared to assist in your legal case. To learn more, call or contact our office today to schedule a case evaluation.

CDC Eviction Moratorium

As a result of the coronavirus pandemic, the Centers for Disease Control and Prevention (CDC) issued a nationwide moratorium on evictions of non-paying tenants in an attempt to slow the spread of the virus. This ban on evictions has been extended many times. The moratorium is meant to halt any action by a landlord to remove a tenant, even if an action has already been filed in court. In practice, not all counties or states are in agreement as to continuing a moratorium. Pursuant to the CDC this moratorium applies to residential rentals, including any house, building, mobile home, land in mobile home parks, and hotel or motel stays that are not temporary in nature.

How to Prepare for an Eviction Action

Despite the moratoriums that have been issued on evictions, there are still steps that a landlord should take to prepare their eviction action filing the complaint. First, a landlord needs to provide written notice to their tenant of the termination of tenancy for a lack of payment. If the tenant refuses or cannot pay their back rent after receiving the notice, an eviction action can be filed with the court. A knowledgeable attorney should draft and submit the notice and eviction action in order to ensure that every step is followed properly.

In addition, having a lawyer draft the eviction actions means that they are prepared to go into court on the first day that eviction proceedings are filed. As there is likely to be a substantial backlog of eviction cases due to the moratoriums, having an experienced attorney assist with your eviction action may be critical in expediting your case through the court.

Talk to Our Office

To learn more about Florida eviction actions, call or contact The Soto Law Office today to schedule a consultation of your case.